# How much of deposit can I keep?



## David2008 (27 Jan 2008)

Hi there, Hoping some of you might be able to help on this.
Basically tenant has moved out after 2 years and gave 1 and a half weeks notice, not the end of the world as was only paying rent weekly and I already have new tenant lined up.

Problem now lies with deposit
Verbal Tenancy Agreement was that house would be returned in way it was left.

I replaced one double bed when I bought house and also left a double and a single there that were in good nick.

Went tenant left I went to inspect and found the following.

All beds had been removed, tenant stated that beds broke, and had springs sticking out and needed to be replaced. She replaced them herself throwing out the old ones without advising me and now claims, as she bought them she is entitled to keep them.
She also has removed all the lightbulbs bar one, cheap move!
Main bedroom light in one room is broken with wiring now sticking out.
A pane of glass has been broken in one of internal doors.
She has left the following behind which now need to be disposed of, a computer desk, old computer, and 2 broken lockers which were not part of my inventory.
Also the ESB bill has not been paid, but I took a metre reading when she left.
In my defence I have always completed repairs promptly, bought new washing machine when old one broke and replaced carpets when asked to do so. Why she never asked me to replace beds is beyond me.

I am holding deposit for now until I figure out what to do, but not sure how long I can hold it for...
Do I deduct cost of new beds etc?

Any ideas would be very much appreciated! Tenant is becoming very abusive and intimidating. 

Many thanks
Dave


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## Afuera (27 Jan 2008)

Pretty cheeky of the tenants here. They are reponsible for all of the missing and broken items as it is beyond normal wear and tear. Hold the deposit and tell her you will send her the bill for all the remaining costs shortly (I'm presuming the deposit will not cover all the costs). Hold on to the receipts for any items you need to purchase (beds, window pane, light bulbs, etc) and any services you need to employ.


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## David2008 (27 Jan 2008)

Thanks so much for your quick reply! I'm presuming that I can deduct cost of purchasing NEW beds from deposit. One bed was 2 years old, the other two were 4 years old....


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## markowitzman (27 Jan 2008)

Is the tenancy registered with PRTB and if so it would be interesting to hear from them on this? If not and the tenant went to them how would you stand legally? Personally were I in your predicament, was registered with PRTB and tenants were getting abusive I would get my solicitor to act for me and charge them for the pleasure and keep records of all contacts from tenant.


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## z106 (27 Jan 2008)

Ya - i would agree with that.

If they are getting abusive don't be afraid to get a solicitor involved.

Also - the prtb are always there to help out.

Mind you - i wouldn't go near the prtb unless you're registered with them.
Fisrtly - unless u are registered with them they won't get involved anyway.

Secondly - if you are not registered with them and they find then they will insist that you cannot allow interest repaymensts to be tax deductible.


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## markowitzman (27 Jan 2008)

I (probably wrongly) feel PRTB is a tenant-biased body. I would be very interested to see how this would go with them. Document everything in this case down to dates and times etc etc.


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## mercman (27 Jan 2008)

without speaking badly of your tenants, did you ever consider what they were doing in the house ?? The mind wanders when you hear that three beds had to be scrapped etc. You do not have to pay the deposit back to her (even if there was anything due) until all the outstanding items have been settled. That is the ESB, TV licence, Waste Charges etc. etc. As already mentioned if she wants to bother getting abusive, give her your solicitor address, but ask her for her forwarding address. Betcha that will be the end of it.


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## twofor1 (27 Jan 2008)

From what you say I would think you are entitled to and should  keep all of the deposit (only 10 days notice, three missing beds, broken glass, disposal costs for lockers, computers). 
As regards solicitors, in principal thats fine, but in reality you are going to have to pay the the solicitor, realistically you will probaly never recover this expense. Outline your case in writing to tenent, and let tenent take action against you to recover deposit.


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## markowitzman (27 Jan 2008)

yes this sounds much better.........provided registered with PRTB.......if not you are giving the tenant a perfect opportunity to contact PRTB and all that brings?


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## sam h (28 Jan 2008)

> Problem now lies with deposit
> Verbal Tenancy Agreement was that house would be returned in way it was left.


 
Did you have a written tenancy agreement with a full list of all the items in the house & their condition?  It may be a problem if not.  In the meantime, take photos of the way they left the property, then replace what you have to & skip their junk.  Keep all the reciepts &then forward a copy of the photos and bills to them.  
Make sure you document everything properly with the new tenant and maybe arrange to include a regular visit to the property every few months so you can avoid such a surprise at the end next time!!


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## David2008 (28 Jan 2008)

Thanks for all your advice guys, spoke to tenant again this morning and a lot of progress made

Agreed it was OK for me to keep deposit until this gets sorted and to forward her list of receipts for expenses I incur and then we can settle on final amount owed.

Deposit is not a problem have enough to cover these expenses.

I bought house with her as a sitting tenant, and this morning she asked for her rent in advance to be returned asap as I was holding deposit for now.

She has paid 600 rent in advance. Is normal practice to return this? Sorry, first rental property for me so its all a bit new ad want to do things right!

Thanks again 
Dave


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## mercman (28 Jan 2008)

David -- don't give back a penny.  she had her choice to get it right and didn't bother. Settle the entire when YOU are ready not when she asks.


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## beautfan (28 Jan 2008)

If you want to keep her on side while its all being sorted would you consider refunding her 2 weeks worth of rent.  Once you're not out of pocket it shouldn't be a problem.


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## mercman (28 Jan 2008)

Why on earth should he. She scrapped three beds, wrecked the house, didn't pay the ESB etc etc. The OP tried to keep her on side and she stuck the two fingers up at him. He has more to loose than to gain by giving her back two weeks deposit - if he gives back the money and something else crops up, do you think he will get an additional loss if he requests it - Not a chance


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## beautfan (28 Jan 2008)

OP stated that "Deposit is not a problem have enough to cover these expenses" and it was on that basis I made my suggestion - no skin of my nose whether he does this or not.


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## mercman (28 Jan 2008)

And I'm not having a pop at you. The OP has stated that this is a first time. It must be some deposit to cover three beds, ESB, broken internal window, rubbish to be dumped, light bulbs for entire property, light fitting and cleaning. I think this will amount when totalled that she might owe him money.


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## davidoco (28 Jan 2008)

David2008 said:


> All beds had been removed, tenant stated that beds broke, and had springs sticking out and needed to be replaced. She replaced them herself throwing out the old ones without advising me and now claims, as she bought them she is entitled to keep them.
> She also has removed all the lightbulbs bar one, cheap move!
> Main bedroom light in one room is broken with wiring now sticking out.
> A pane of glass has been broken in one of internal doors.
> ...


 
Thinking especially about the beds and lightbulbs my first thought was that she was running a bordello.

You should probably try and work out the value of a 4 year old bed, and a 2 year old bed - not new ones. Other than that, everything else including the disposal of the rubbish can be deducted. Remember also that she is claiming she got rid of the old beds, which may have been your responsibility, so allow something for that.


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## mercman (28 Jan 2008)

Well I thought the same re the Bordello. The Double bed was two years old, so 75% of the new cost, about 50% of the costs for the others. Not the OPs responsibility, because she didn't advise him that she was getting rid of his property.


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## rmelly (28 Jan 2008)

David2008 said:


> All beds had been removed, tenant stated that beds broke, and had springs sticking out and needed to be replaced. She replaced them herself throwing out the old ones without advising me and now claims, as she bought them she is entitled to keep them.


 
Do you know for a fact that she actually purchased new beds - have you see the new beds, or receipts for them? She may have just taken your perfectly usable ones with her.


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## Stifster (28 Jan 2008)

markowitzman said:


> I (probably wrongly) feel PRTB is a tenant-biased body. I would be very interested to see how this would go with them. Document everything in this case down to dates and times etc etc.


 
Having had some experience of them while acting for landlords I wouldn't agree that the PRTB itself is tenant biased, the problem is that the Private Residential Tenancies Act is very much biased in favour of the tenant and the system that has developed, and the delays in that system, are too. 

Amate of mine got a call from the gardai once to tell him that an apartment he rented was a knocking shop. It looked like one too when he got there....


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## Howitzer (28 Jan 2008)

The OP has given no indication that the tenancy was registered with the PRTB. The fact that it was a verbal agreement from the start would lead me to believe otherwise. As such it's a bit of a moot point as to what side the PRTB would take, unless the tenant got annoyed and reported the landlord ....


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## Raskolnikov (29 Jan 2008)

Regarding the unpaid ESB bill.

When my family rented out a place a few years back, we foolishly left the ESB bill in our names. Sure enough, at the end of the tenancy, we were sent a whooping £500 bill that we had no choice but to pay.

If the ESB is in your name, then deduct the bill from the deposit. If not, then don't deduct anything and let the ESB catch up with her.


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## cleverclogs7 (11 Sep 2008)

as i tenent thats pretty crappy.i would take out the cost of the ESB,broken window and so on out of the deposite.as for the beds.hum......id take a little but not much.


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