# I am a tenant and have given notice to my landlord: Wear and Tear Q?



## Yachtie (15 Oct 2007)

My 3-year lease finishes on the 28. October 2007 and the moving out date has been agreed for 28. November. I have given my landlord notice on 05. October.

The property was brand new when I moved in, fully furnished including cutlery and crockery. The property has been maintained to the high standard, as witnessed by the landlord. The damage to the property caused is as follows:

·         Spare bedroom may need re-painting due to the minor paint damage
·         There is a slight discolouration on a spare bedroom carpet which could not be cleaned by the professional carpet cleaners. This is hardly visible to a person who is not aware of it.
·         Water damage has been caused to one of the mattresses (water, not something else)
·         3 coffee mugs have been broken
·         Several glasses have been broken

I feel that after three years of hassle-free tenancy this is a normal amount of wear and tear. My landlord is taking the attitude that everything that has any defects / minor damage to it has to be replaced out of my deposit. *Hence, I’d be most obliged if you could provide the guidelines about the general wear and tear for a tenancy of this length. *

Furthermore, *am I obliged by law to give access to the landlord to show the property to potential tenants during my notice period?*

*What are the implications of me using my deposit as a last month’s rent?*


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## HighFlier (15 Oct 2007)

*Re: Wear and tear*

As a landlord I will tell you what my view would be.

Breakages should be replaced.

Normal wear and tear is ok and most landlords would expect to have to touch up paint themselves after a reasonably long tenancy.

The water damaged mattress. if is is in a condition where a future tenant would complain I would expect the tenant to pay for it.

You must allow reasonable access to prospective tenants to view.

You in theory cannot use your deposit to offset your last months rent but if you agreee the other costs (if any) with the landlord then he may allow it.


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## sam h (15 Oct 2007)

*Re: Wear and tear*



Yachtie said:


> ·Spare bedroom may need re-painting due to the minor paint damage
> ·There is a slight discolouration on a spare bedroom carpet which could not be cleaned by the professional carpet cleaners. This is hardly visible to a person who is not aware of it.
> ·Water damage has been caused to one of the mattresses (water, not something else)
> ·3 coffee mugs have been broken
> ...


 
A different landlords view:
 - a few broken cups & glasses : would never pursue a tenant over something so trivial, but I would guess technically you may be liable
 - Re-painting would be normal wear & tear after 3 years in Ireland, unless he had something specific in the contract.
 - Carpet discolouration : is this from the sun or something outside your control? If so, he would be responsible for it.  
 - Matress : you may have to bite the bullet on this one...but try steam cleaning it & it may remove the mark
 - Viewing : I'm not sure if you are legally bound to allow access to prospective tenants.  You haven't broken your lease with the landlord, so I would understand that you should be allowed the full use of the property without interferance from the landlord. He will have to paint the place after you leave & do a general cleanup. Read your lease.
 - I would never allow a tenant to use the deposit for last months rent.

He sounds like he is being very picky, he may get a shock & appriciate how good a tenant you were after you move out !


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## over2u (15 Oct 2007)

*Re: Wear and tear*

This seems like reasonable wear and tear to me. I would hold off paying the last month's rent until you get a reasonable settlement from the landlord.


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## Yachtie (15 Oct 2007)

*Re: Wear and tear*



sam h said:


> A different landlords view:
> - a few broken cups & glasses : would never pursue a tenant over something so trivial, but I would guess technically you may be liable
> - Re-painting would be normal wear & tear after 3 years in Ireland, unless he had something specific in the contract.
> - Carpet discolouration : is this from the sun or something outside your control? If so, he would be responsible for it.
> ...


 
Thank you so much for your reply. The carpet discolouration is due to a spillage of coca-cola which was not cleaned up immediately. The carpet is beige and this spillage is 1/2 shade darker. If I didn't know where it is, I'd have to look for it. Still, if it's common that I should cover for this, I have no problem with that. 

The whole business of allowing access for viewings is the one that bugs me. They can not make me be at home to accommodate them. Besides if my rent is paid, the place is mine. They are insisting on me replacing three poxy white mugs with white (not just any colour) mugs. I am so disappointed with this treatment because there's been no trouble with me at all and even though I am moving into my own house (so I don't need the rented apartment as long as I'm keeping it), I tried to be fair to the landlord. 

Oh well...


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## sam h (15 Oct 2007)

*Re: Wear and tear*

I have just reviewed a lease (bear in mind they are often different) and it clearly states that the tenant should be free to use the property without distrubance from the landlord. 
However, you may be able to use this as a bargaining tool. It would be in the landlords interest to try to rent asap as the market is very slow in December/early Jan. Suggest you allow him access to view the property (he should be doing the viewing not you) & you will keep the place clean IF he will allow you to leave as soon as it is rented with your full deposit and excess rent refunded. 

Do you mind me asking why you gave almost 2 months notice to him if you had your own place to move to?


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## Yachtie (15 Oct 2007)

*Re: Wear and tear*



sam h said:


> Do you mind me asking why you gave almost 2 months notice to him if you had your own place to move to?


 
Thanks again sam! You know yourself with the new places - it takes ages to get them snagged and 'finished' so that you can properly move in. I gave notice as soon as I was confident that the place is almost finished. I was a few days short of a month so I thought it would be fair to keep it for another month.

I did ask the landlord to pop around and have a look so that they can indicate what may need fixing or replacing. They said they will on the last day of my tenancy. I am getting really cheesed off here!


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## sam h (15 Oct 2007)

*Re: Wear and tear*

As I said, if you are in a position to move sooner, appeal to his business sense (as in it being easier to rent at this stage than Dec/Jan)!  
It is the condition of the place on the last day of the tenancy which determines whether you get back the deposit, so a steam cleaner may solve the few stains (again, I think he's being picky, a reasonable landlord would expect a few marks and stains after 3 years).  Take photos of the "damage" and walk thru the place with the landlord.


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## asdfg (15 Oct 2007)

*Re: Wear and tear*



> *am I obliged by law to give access to the landlord to show the property to potential tenants during my notice period?*


 
Could PRTB or threshold help


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## steph1 (15 Oct 2007)

*Re: Wear and tear*

The carpet is beige and this spillage is 1/2 shade darker


Beige carpet in a property that is being rented - what does he expect?  Not a good colour in my opinion.

Think now he is being a bit picky about the replacement of mugs.


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## Bronte (16 Oct 2007)

*Re: Wear and tear*

After 3 years and a tenant who has steam cleaned the carperts I would be giving the full deposit back.  That landlord will be very sad to see you go.   If it's only water on the mattress I don't understand how it would leave a stain.  Beige carpets as stated in a rented property is a no no and as you yourself find it difficult to see the stain I find it hard to believe that the landlord would deduct money for this.  Fair enough if he's going to replace the carpet.  Take pictures and if he insists on you paying for the mattress and carpet I'd ask for a copy of the receipt of him purchasing them as he's being so pickly.  I never show to prospective tenants until the last one's have left so I don't know the rules on this.


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## Yachtie (16 Oct 2007)

*Re: Wear and tear*

Thank you all for your replies! 

I have gone to the store after work yesterday and bought three mugs identical to the ones which were chipped / broken - *99c each!!!!* €43k in rent have been transferred from my account into the landlord's over the last three years. After checking my records, I realised that I was never given their postal address or their PPS No so that I could claim my rent tax credits. 

I agree with steph, beige carpet in the rented property and not expecting a few stains and spillages - . Besides, carpets were professinally cleaned about 6 months ago and there is not a speck on them other than the one I already mentioned. In our telephone conversation, he insisted several times that everything was 'out of the box' when I moved in and should be left in the same condition. *cough* I have been living there for three years. Nothing has been destroyed, but the place has been used. 

As much as I am uncomfortable with not paying the last month's rent, something is ringing alarm bells for me. Several statements have been made on his part about everything being brand new and unused at the time I moved in so I think I'll just pay the balance of the rent (deposit is lower than the rent as rent has been increased by €150 in the second and again in the third year), get the professional cleaners in a couple of days before moving out to steam clean the oven and the bathrooms and leave it at that. I just felt as if he already had a list of reasons why I should not get my full deposit back. He even said that his costs have gone up significantly due to the interest rates increase. 

I have contacted Threshold and they've been great help.


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## over2u (16 Oct 2007)

*Re: Wear and tear*

This landlord is being unreasonable. It is what happens when landlords are exposed to higher interest repayments. My guess is that he simply cant afford to repay the deposit. As I said hit him in the pocket and hold back on your final months rent!


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## asdfg (16 Oct 2007)

*Re: Wear and tear*



> I realised that I was never given their postal address or their PPS No so that I could claim my rent tax credits.


 
Just to let you know you don't need the landlords PPS no. If he refused to give it to you just complete the form and return to revenue. 

He has made a substantial capital gain on the property. At least 20% maybe more despite the recent fall in property.


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## Purple (16 Oct 2007)

*Re: Wear and tear*

As a former Landlord I agree that he is being totally unreasonable. He should thank you for looking after his property so well for the last three years and smile while he hands back your full deposit.
I suspect that he is a first time landlord and doesn't have  a clue about wear and tear. Like many landlords he didn't fully cost this aspect of the business and is annoyed that he will have to spend a few Euro before he rents out again. In reality he is very lucky!
Don't replace the cups etc and explain that a water stain and a small carpet stain are reasonable wear and tear.


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## Yachtie (16 Oct 2007)

*Re: Wear and tear*

Thank you all for your replies! I wanted to share my view with others and check if I'm being unreasonable. You've all been a great help, thank you!

I know that many of you are landlords so please don't take any of my rantings personally. You've just proven to me that many people are still reasonable and can differentiate between a good tenant who LIVES in the property and the bad tenant who TRASHES the place. I felt very disheartened yesterday (and quite agitated) because my attempts to accommodate all parties concerned fell on deaf ears. I felt distrusted and unappreciated. My landlord knows that I am moving into a new, fully finished house so I didn't really need to keep the place for another month. Also, I felt that he wanted to make sure that I don't leave with his furniture in tow (WTF?, mine is nicer anyway) and don't spill gallons of red wine all over the place (I'd much rather drink it, thankyouverymuch! ).

Pah! I follow your advice (might even print out this thread and show it to him). If he asks where am i getting all this from,  I'll say AAM posters told me so!


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## Kelb28 (31 Oct 2007)

*Re: Wear and tear*

By the sounds of it you have been a great tennent and your landlord is very lucky. 
My parents rented a place and the tennent pulled a fast one not paying last month rent and using his deposit as rent - there was damage to a brand new table and chairs and door from him having a dog (which should not have been on premises), place was filthy eg oven fridge ect - but she expexted that (well to a certain extent) but not the damage - now they have no deposit to hold back. Solicitors will need to be involved now unfortunatley. So overall i think your landlord should stop been picky you've done more than enough!!!! pitty all tennents weren't like you!


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## SarahMc (31 Oct 2007)

*Re: Wear and tear*

I hope you are claiming your rental relief.  You know you can back-claim this?  A Landlord who kicks up over 5e of mugs is not a professional, and may not be legit.  Its not your problem, as you are entitled to the relief regardless, but you can make it his!


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