# Rental Deposit - Solicitor's Letter



## bottle (6 Jul 2010)

As a Landlord, I made certain reasonable deductions from a tenants deposit and offered the rest back. Unfortunately the tenant's reaction has been very hostile, and considered the deductions unreasonable. 

He has now employed a solicitor who has issued a letter offering me a day out in the circuit court.... The letter sent by the solicitor borders on the unbelievable, some of the comments are untrue etc. I am considering writing directly back to the Solicitor myself restating my actual position and presenting the photos from the check out. 

My letting agent did not register with the PRTB, so that is out of the question.

Any advice? I am more than happy / articulate enough to compose and send a letter to the solicitor, but from a strategy point of view, what should I propose?


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## canicemcavoy (6 Jul 2010)

What were the deductions for, exactly?


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## bottle (6 Jul 2010)

Broken bed, door broken off dryer, missing microwave, broken gas hob, broken side gate, broken lawnmower x 2, etc etc. I have noted where cleaning was required, but have not made any deductions for the same.


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## AlbacoreA (7 Jul 2010)

Unless you come to some agreement, which seems unlikely, you'll have no choice but to go to the PRTB. Doesn't matter if either you are registered, the law is you have to go to the PRTB before you go near a court. 

The solicitor should know this. Which raises the question why did they draft a letter when they know it has to go to the PRTB anyway.


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## bottle (7 Jul 2010)

I can understand what you are saying, but I have been on to the PRTB and as the tenancy was never registered they will not get involved.


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## Towger (7 Jul 2010)

Huff and Puff. Send a crossed cheque (made out to the solicitor + write details of what it is for on the back) to the solicitor for what remains of the deposit after your deductions. Long with a list of the damages and photos etc. That way the solicitor will be happy to gets some money in, if his client does not pay their bill.


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## AlbacoreA (7 Jul 2010)

bottle said:


> I can understand what you are saying, but I have been on to the PRTB and as the tenancy was never registered they will not get involved.



That doesn't sound correct.


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## Complainer (7 Jul 2010)

Towger said:


> Huff and Puff. Send a crossed cheque (made out to the solicitor + write details of what it is for on the back) to the solicitor for what remains of the deposit after your deductions. Long with a list of the damages and photos etc. That way the solicitor will be happy to gets some money in, if his client does not pay their bill.


Why would he give the tenant's money to the solicitor? The debt (albeit disputed) is owed to the tenant, not to his solicitor.


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## Towger (7 Jul 2010)

The ex tenant has now passed his problem on to the solicitor, whose job it is to act on his behalf. The OP can/should now correspond only with the solicitor in writing.
It is generally not worth taking a circuit court action for a few hundred quid, especially when proof of the damages and costs are 'available' and 'accurate'. At the moment the solicitor is only acting on the 'word' of the ex tenant. When the solicitor receives a clear written breakdown in writing of the damages he/she will know they are on a loser and will not want to take a case when there is a good chance they will loose and the ex tenant may not pay them etc etc, let alone of the costs of the original solicitors letter. The solicitor may view the cheque as a bird in hand worth two in the bush, and push the ex tennent to accept it. (After he has deducted his costs )


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## pixiebean22 (7 Jul 2010)

PRTB have no involvement unless the tenancy was registered with them.  Obviously, why would they get involved if the tenancy wasn't registered, it's nothing to do with them.


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## dmos87 (7 Jul 2010)

bottle said:


> Broken bed, door broken off dryer, missing microwave, broken gas hob, broken side gate, broken lawnmower x 2, etc etc. I have noted where cleaning was required, but have not made any deductions for the same.


 
I'll try and remain in the middle here... are some of these just wear and tear? You did not mention how long the tenant was in your house. A broken gas hob, bed, side gate, etc. could very well be wear and tear. I would however frown that the tenant did not notify you of such things when they happened - if our bed broke we would contact the landlord. 

Try and be reasonable - maybe take another look at some of the damage photos or what you have and see if they could be wear and tear. You need to factor in how old all of these things are - bed, cooker, dryer, etc.


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## round1 (7 Jul 2010)

Your tenant can bring a case against you to the PRTB even if the tenancy has not been registered by you.


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## AlbacoreA (7 Jul 2010)

pixiebean22 said:


> PRTB have no involvement unless the tenancy was registered with them.  Obviously, why would they get involved if the tenancy wasn't registered, it's nothing to do with them.



Wasn't the PRTB set up to stop disputes between landlords and tenants going to court. Thats its purpose. Isn't that the law?


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## Complainer (7 Jul 2010)

From http://www.prtb.ie/disputesFAQs.htm


> *Landlords  **can only avail of the dispute         resolution service if the tenancy to which the dispute relates  is registered with the PRTB*. Tenancies cannot be registered after         the tenant/s have moved out, as the tenancy no longer         exists. However, landlords can consider pursuing their case  through the[broken link removed].​ *Tenants can avail of the dispute resolution         service* even though the tenancy may not be registered with the         PRTB, provided the tenancy is not exempt from registration under  the         Residential Tenancies Act 2004.


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## AlbacoreA (7 Jul 2010)

Good find, I didn't see that. And from the Small Claims Court link...

[broken link removed]



> Type of claims dealt with
> (a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)
> 
> (b) a claim for minor damage to property (but excluding personal injuries)


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## bugler (8 Jul 2010)

Obviously the OP has no interest in taking any case, only defending one. So the SCC is out.

That means waiting to see if the tenant pushes things. If they do, it goes to the PRTB as the tenant *can* avail of their dispute resolution service. If they don't, they don't. But it does not seem that this will be dealt with in any other forum. ...right?


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## bottle (8 Jul 2010)

Thanks for all the feedback. I would agree with Towger's recommendations. 

Just for info (As mentioned previously), the PRTB will not get involved unless the tenancy was registered. I checked with them, and asked them to get involved, but no hope.


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## Complainer (8 Jul 2010)

bottle said:


> Just for info (As mentioned previously), the PRTB will not get involved unless the tenancy was registered. I checked with them, and asked them to get involved, but no hope.


Just in case you missed the point above, the PRTB WILL get involved if the tenant asks them.


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## shesells (8 Jul 2010)

Has the tenant cashed the cheque you sent them? If so that could be deemed acceptance of the amount you returned. We had a similar incident recently where the tenant felt that the 6" square hole in the wall was normal wear and tear...(we only deducted half the repair cost because we were trying to be so fair - silly us) but after a few weeks they cashed the cheque and our solicitor said that that would be the end of it.


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## browtal (8 Jul 2010)

Lucky the PRTB will not get involved. Even if the tenency was reg. with them they have a waiting period of about 12 months or more. 
They are very unhelpful to the Landlord. 
Outline the damage, cost it and take % off for fair wear and tear, depending on the length of the tenency.
Some damage may be subject to very little wear and tear, like cooker,microwave etc.
Photos are regarded as valuable. Cleaning costs are also allowable.
Good advice from other ASABM members
Browtal


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## bugler (9 Jul 2010)

browtal said:


> Lucky the PRTB will not get involved. Even if the tenency was reg. with them they have a waiting period of about 12 months or more.
> They are very unhelpful to the Landlord.



Is the waiting still that long? I had a recent dealing with them that was quite efficient I must say, having had prevous negative experiences. 

Also, if you read their judgements, there are numerous decisions in favour of landlords. I don't buy the whole "they're inherently anti-landlord" line anymore.


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## pixiebean22 (19 Jul 2010)

cleaning costs are allowable?  do you mean that cleaning costs can be deducted from a tenant's deposit?  surely, i'm mistaken thinking that's what you mean?


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