# Deposit not returned



## Domo (26 May 2008)

I left my rented property last December, and asked for my deposit back.  When I left, the Estate Agent advised me that the landlord was really happy about the way I left the house (cleaned and in almost perfect condition after over 2 years as a tenant), however, I had broken the bathroom sink, due to a heay glass container falling into it.  

At the time of the breakage I told the estate agent, and I did a basic repair, so I fully expected the cost of replacing the sink to be deducted from the deposit.

However, last week (5 months later), after many requests, I received a letter from the landlord, setting out the costs to bring the property back to the state that he gave it to me in - including repainting the full house internally, and other miscellaneous works, and presenting me with a bill of €2,805.  He also stated that it was my perrogative to go to the PRTB , but reserved his statutory rights to claim this additional amount should the matter go to appeal.

This is blackmail, and I feel victimised.  Do I have any other recourse?


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## eileen alana (26 May 2008)

Did you take any photographs of the property before you handed it back? Go and make a complaint to the PRTB, it would be interesting to know if this landlord is registered. If you were renting the place for two years, the landlord must allow for normal wear and tear and he shouldn't be expecting his tenants to pay for the annual redecoration and general maintenance of the place.


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## Domo (26 May 2008)

No, unfortunately I didn't take photos.  I assumed the Estate Agents word on this was fine and I never anticipated this problem.

Apparently there is approximately a 2 year waiting list to get heard by the PRTB, so in a way I don't feel it will be worth the aggrivation - which is what he is hoping for.

And yes, he is registered with PRTB............


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## eileen alana (26 May 2008)

I wonder if you could bring a case against him in the Small Claims Court, it might be worth checking that out, otherwise if I were you I would still pursue the case with the PRTB.


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## S.L.F (26 May 2008)

If I was you I'd go back to the estate agent and ask them for the money as it was them who let the place to you.
Can you go to a solicitor about this?
I would definitely go to the flat and tell the new tenants the story so they will be briefed.

I hope all goes well for you.


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## mercman (26 May 2008)

eileen is 100% correct. You are not liable for wear and tear simple as that. Contact the EA and repeat to him what he said to you about the landlord being very happy. When he is finished agreeing tell him you will require him to sign an Affidavit and that you intend issuing proceedings against the landlord and them as co-defendant for theft and false allegations.


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## mathepac (26 May 2008)

mercman said:


> eileen is 100% correct. You are not liable for wear and tear simple as that. Contact the EA and repeat to him what he said to you about the landlord being very happy. When he is finished agreeing tell him you will require him to sign an Affidavit and that you intend issuing proceedings against the landlord and them as co-defendant for theft and false allegations.


Spot on.


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## sam h (27 May 2008)

> including repainting the full house internally, and other miscellaneous works, and presenting me with a bill of €2,805


 
This is not normal in Ireland (it is in many continental countries).  The norm is Ireland is normal wear and tear - was there any damage to the paintwork over and above normal wear & tear (eg - did you repaint another colour, or crayon marks on wall or lumps of plaster missing?)  
Have a look at your original contract and see what it says there - he may have put in something extra about tenant covering cost of re-painting (if there is get it double checked with a solicitor).
Questions like this seem to be getting more common on AAM as there are alot of newbie landlords who never factored in the cost of maintaining the property.


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## Howitzer (27 May 2008)

Sounds like a good old fashioned game of Texas Holdum. Indicate to the landlord that, yes, you will be making a claim with the PRTB, that normal wear and tear isn't an expense which you are liable for (he would have to provide photos to indicate abnormal wear and tear which necessitated extra work rather than you taking photos to show it didn't). And if he keeps bluffing then send in your claim to the PRTB. You have no liability (from the sounds of it). Put the gears in motion and put it to the back of your mind until the case is seen, whenever that is.

Don't incur any extra costs by going to the small claims. They may take you as wasting the courts time given that the PRTB has full jurisdiction over these matters.


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## Mpsox (27 May 2008)

I'd also add in that you will be claiming for lost interest on the sum of money involved due to the delay in making the repayment.


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## Camry (27 May 2008)

This is a good opportunity for a tip to any renters (or LLs).

Aside from having the deposit held in escrow by a third party (LLs holding deposits is completely unacceptable), there are ways to try and protect your rights.

Have an inventory made up prior to taking possession and have it signed by a represenatative of the owner and yourself.

When handing back, have the LL or agent tour the house and compare with the inventory.

Sort out any issues then and there (i.e. what represents wear and tear under normal use - which might be greater for a family let). Then have it signed before you hand back the property. Make sure the check out inventory clearly states that you will not be respsonble for any delapidations not identified and signed for by both parties at the check out.

In the UK it is common to employ professional inventory agents. I know from experience they are an excellent investment (for a tenant as well as a LL).


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## webtax (28 May 2008)

Camry said:


> Aside from having the deposit held in escrow by a third party (LLs holding deposits is completely unacceptable)



Any chance of the PRTB taking on this role? As Sam H said this seems to be an increasingly regular occurence and an escrow system would cut out a lot of the chancers at source (and cut down on the cases needing adjudication by the PTRB, who are already very backlogged).


Domo, have you been claiming rent relief on this property? I would imagine that the landlord in question is claiming these expenses on his tax return in addition to seeking to claim them from you (might be worth pointing this out to the taxman since you would have the landlords pps number from the rent 1 form and a copy of the invoice he sent you).


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## Radwanska (3 Jun 2008)

been in a similar situation and found the prtb to be useless. unless u have documentation to back your claim up, you wont get taken seriously.


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## Captin Sobel (10 Jun 2008)

Radwanska said:


> been in a similar situation and found the prtb to be useless. unless u have documentation to back your claim up, you wont get taken seriously.



Most solicitors will not take your case until the PRTB has made their ruling. 

And you will not get a ruling after application for  >6 months < 24 months based on postings seen on AAM.

Yes of course you need documentation that is fair enough and not an unreasonable requirement.

Get together all correspondance you have and register post every thing else from now on.

Apply to the PRTB and get you case onto their books - it will eventually have  to be dealt with and a solicitor will take your case in time.

Wish there were a faster process.


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## groom (24 Jun 2008)

Camry said:


> This is a good opportunity for a tip to any renters (or LLs).
> 
> Aside from having the deposit held in escrow by a third party (LLs holding deposits is completely unacceptable), there are ways to try and protect your rights.



What sort of 3rd party could do this?


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## Camry (24 Jun 2008)

groom said:


> What sort of 3rd party could do this?


 
Some countries have a state body. If the PTRB has a useful function to serve, this might be one quite good one. It could save them a lot of work.


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## shola (24 Jun 2008)

i recently had a case go to the PRTB, landlord wouldnt give back deposit and a few other issues..i made the application end of july last year and the hearing was the beginning of april. still waiting on the outcome even though they said it would only take 6 weeks but we very confident we're gonna get our money back. theres an organisation called Threshold who advise on tenants rights and they are extremely helpful...they even came with us and spoke on our behalf at the hearing...they should be able to advise you if you have a case or not


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