I own a house in Ireland but live abroad
My mother rented the house out and after expenses and taxes kept the profit..this was agreed by both of us as I didn't want the hazzle of renting and would have the house one day if I returned to Ireland.
From mid 2016 to end of 2023 she rented to one person. She was registered with RTB for this tenancy
However she gave the guy a very good deal of almost half the market value
The rent was not put up in the 7.5 years he lived at the property
. The guy gave her a full months deposit which is on the RTB board registration. However she kept no other documentation , no lease agreement , no receipts of the deposit only the RTB registration exists
Queue the problem
He left the property at the end of Dec 2023 and she has not returned his deposit . He is calling me threathening me with RTB unless his deposit is returned. I have urged my mother to just give it to him and have done with him
But part of her agreement with him was he got the house for very low rent if he maintained the property and left it as he got it. She also asked him to forward mail from the property as she lives 40 miles away. This was verbally agreed
She verbally agreed with him that he was the sole occupant and no pets were allowed but during the tenacy he initally sublet one room for about 6 months to some man, he then moved his girfriend in about 4 years ago. He also kept a dog. My mother also provided him with a new garden shed to work in that cost about 1000 euros, new applicance when he requested, etc. She very rarely visited the property but she trusted him to keep to their agreement. He didn't forward important mail as agreed . She had a frienddship type realtionship with him. I told her numerous times that she needed to enforce agreements, keep documentation and raise the rent but she didnt. (The housee is now in a RCZ but the rent is so low it is almost not worth renting it and I can only put it up 2%)
Anyway I have taken over now from afar and when I assess the house it looks like he didnt keep it well. he didnt for instance open the windows ever in the bedrooms and they rusted shut and there was mould on the walls which I got treated . He left behind rotting wood blockes in the yard that i had to pay to have removed. He left behind an old TV that I have to get rid of also ( I live abroad). He didnt give any real notice about moving out. He said he was going in a short time but stayed longer. He even took his final electric meter reading about 3 weeks before he left…I knew nothing of all of this until after the fact as I wasnt involved
I dont want to be in a dispute with him and if up to me would give him the deposit …But I dont have his deposit and I am not paying out of my pocket. I am caught in the middle
Anyway I want some advice on what we could legitmally keep back on the deposit. My mother is taking it all personally and feels taken advantage of as she gave him such a good deal and now feels like a fool. If she could keep back some of the deposit she might feel less of a fool ? I have had only phone interaction with him and I agree that he did not hold up his side of the bargain as she says they agreed
But we are where we are and my name is on the RTB tenancy as I am the owner and I need a solution
What will the RTB say I wonder ? Could we take money off the deposit for the issues I highlighted above ? What can we prove without written documentation. How strong is his case for a full return of his deposit with RTB ?
How's about his girlfreind living there and the dog ? As there is no lease what about this issue ? Is it too late to present these issues to RTB if he reports us to them? My mother didnt take any action at the time they first came to her attention
I suggest my mother keep back maybe 200 euros and have done with him but he wants the whole amount back
Any advice to solve the issue asap or any information on an experience like this would be gratefully received ..thanks