Return of deposit - not satisfied

Long story but will shorten it as much as possible.

Living with 2 friends [Mary & Cathy, not real names!] for 2 years. Had taken out a 1 year lease initially and stayed for another year. In this 2 year period, the landlord had 3 management agencies manage the property. End of contract was supposed to be August 29th.

In May of this year, I had decided to move in with boyfriend in September. Told housemates. Told landlord, although informally and not in writing at start of July. So just to clarify, I was moving out AFTER the lease expired. Mary & Cathy didn't know if they were staying or going, but ended up leaving after lease expired as they were unhappy with rent agreements.

Heard nothing about return of deposit so I made a phonecall to management agency. The man was extremely rude & condescending, and told me basically that we had left without giving written notice & the landlord wasn't happy, and that he wouldn't be phoning me about the return of the deposit as I wasn't leasing off him now, whereas Mary & Cathy were renting a property off him.


Fast forward 2 months and we still hadn't heard anything about the deposit. Excuses such as 'oh there's new tenants moving in next week' were given to fob us off. I decided to write a registered letter and query the return of the deposit. Heard nothing after 2 weeks. Decided to send another letter and expressed I would have to take things further if I heard nothing, as the delay was unexplained.

Heard NOTHING in response to my registered letter. On Friday just gone, Mary texted to say deposit had been returned to her account, and the management agency had told her that 200euro had been deducted due to 'smoke damage' in the main bedroom [mine] and so both herself and the Cathy get their full deposits, and I am minus €200.

I am very dissatisfied with this for a number of reasons.

1. I do not smoke, and other than the odd candle burning a night or two, I don't understand 'smoke damage'.

2. Several excuses were given over the course of the 3 months suggesting we wouldn't get our full deposit back - we didn't give written notice, there was blu tack on the wall and it had to be repainted [Marys wall] [funnily enough, of which we heard nothing about afterwards] and now the 'smoke damage' in my room.

3. Mary & Cathy have refused to help me, they are 'washing their hands' of this so to speak. I asked for their PPS numbers in order to lodge a complaint with the PRTB but they are not interested - to put it simply, they have their full deposit and they don't have a toss about mine.

What can I do?
If the house was let as a unit, will the PRTB even entertain me if I'm taking on the non return of deposit on my own?

you now know who your friends are ..............

Oh that is for sure. Some friends! After 3 years! I'm hurt about that, as well as not getting my deposit back. I feel like the management agency man has taken a disliking against me just because I phoned him and sent the letters, whereas they did nothing. They wouldn't have their money back only for me!

Yes, PRTB have to help you on this matter. Obviously Mary and Cathy got their deposits back so it's not like they need to lodge a complaint. You can download the required form of the PRTB website, fill it in and send it off. Be prepared for a long wait.

The landlord is unlikely to be able to prove his alleged "smoke damage" unless he has before and after photos of the room (which is unlikely).

Get onto PRTB, you should have no problem getting your deposit back but it will take some time, they have long long delays at the moment. The PRTB fee is €25.

Thanks pixie for that.
I have sent off my complaint today so hopefully things will get settled.
Already down 2 friendships, but getting my €200 back would soften the blow a little! Who needs friends like that huh? I just think it is so wrong to deduct money unnecessarily, how could smoke damage be caused by merely burning a candle the odd time? It will be interesting to see how the situation unfolds.

Hi AnnaMosity,

Are you sure the €200 shortfall is definitely due to your room being smoke damaged? Are you going by what your 'friend' told you or did you hear this from the landlord. Are you sure they aren't deducting some from the damage on Mary's wall and she's not telling you. Don't want to sound like I'm stirring things here but it seems a lot of money for 'smoke damage' when you say you've only lit the odd candle here and there. Anyway, paint on doors tend to yellow slightly over time, smokers or not. That should be down to normal wear and tear and not coming out of your deposit.

Call me paranoid but perhaps your friends aren't telling you the truth. If you left before them, perhaps the money was down to some other damage caused after you left.

The refunded deposit should have been split three ways. Who decided otherwise ?

Smoke damage is not caused by burning candles. I lived in a small flat for 2 years and burned candles constantly and there was absolutely no trace of "smoke damage" when i moved out.

Not sure how to multiquote, but I'll give this a go:

Hi AnnaMosity,

Are you sure the €200 shortfall is definitely due to your room being smoke damaged? Are you going by what your 'friend' told you or did you hear this from the landlord. Are you sure they aren't deducting some from the damage on Mary's wall and she's not telling you. Don't want to sound like I'm stirring things here but it seems a lot of money for 'smoke damage' when you say you've only lit the odd candle here and there. Anyway, paint on doors tend to yellow slightly over time, smokers or not. That should be down to normal wear and tear and not coming out of your deposit.

Call me paranoid but perhaps your friends aren't telling you the truth. If you left before them, perhaps the money was down to some other damage caused after you left.

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This is what I have started to think. Don't worry about 'stirring things', I am well finished with them now. Who needs enemies when you have friends like those?

The refunded deposit should have been split three ways. Who decided otherwise ?

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At the outset, we had paid 3 different amounts, depending on the rooms and rent we were to pay for subsequent months. I took the most expensive room at €360, and as a result, was only given €160 back.
Maybe its my softer nature, but I do believe that any damage, provided it's genuine, should be split 3 equal ways, unless I had purposely or neglectfully caused damage, in which case of course it should be my deposit that should be deducted.

Smoke damage is not caused by burning candles. I lived in a small flat for 2 years and burned candles constantly and there was absolutely no trace of "smoke damage" when i moved out

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This is what I was wondering. I don't know what else it could be. I don't smoke, and neither has anyone else smoked in my room. I moved out about 2 weeks before them, so hoping they didn't sabotage me!

Well Anna if I were you I would be looking for before and after photos that show the "smoke damage" and a receipt for the work carried out to recetify the alleged damage. The landlord will be expected to provide these to the PRTB anyway.

Cheap candles that are lit close to walls can easily leave a black sooty deposit on the wall - had this myself when I had two wall mounted candles. It's probably nothing that a damp cloth wouldn't have removed easily.

Why don't you phone up the management company, be nice, and ask to speak with the actual person managing the property and dealing with the landlord. Surely they will tell you the story.