Damages to house as tenants vacate

MPFG12 said:
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 ?
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In my limited experience, the RTB will often side with the tenant. A friend had a case where their tenant removed furniture without permission and the RTB still ordered that the full deposit be returned!
 
MPFG12 said:
did you even read my post ...I never received a deposit nor the income ...why must people on here be so obtuse

I guess I should have known better than to have written on here looking for advice not flippant remarks
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You have to look at it as a business. Give back the deposit and get your revenue stream moving again or use the asset yourself. In the scheme of things it's a small issue.
 
Purple said:
You have to look at it as a business. Give back the deposit and get your revenue stream moving again or use the asset yourself. In the scheme of things it's a small issue.
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Spot on. Far too many small-scale landlords let emotions take over. Keep things professional, do things by the book, don't give discounts or act as some sort of guardian angel. This is a cost of doing business.
 
Personally, I would deduct the cost of restoring the property to the condition it was in at the commencement of the tenancy with the exception of any deterioration caused by normal wear and tear. So cost the issues Cremeegg listed and deduct from deposit, if there is anything left that is what should be returned to tenant. This is what I did with HAP tenants.

What really caught my attention is that the landlord is non resident. To me it looks like the mother was the collection agent and wonder did she file an Income Tax Return for rental income?

If the landlord continues to live abroad, I would recommend that they employ a professional collection agent, preferably a management agent to deal with tenant issues, they also file your Income Tax Return for rental income as a non resident landlord and they register with the RTB.

However, selling the property might be an option if the rent cannot be increased to near market rent or the property could be left vacant for another 18 months and then charge full market rent.
 
I think you did get the deposit and the rent… just via your mother.
Whether she passed it on to you or not is not the tenant’s problem.

Sounds like you could make a reasonable deduction for the unpaid bill, removal of rubbish and window repair (damage through neglect, is that a thing?)

As for him getting a new shed, irrelevant, moving another person in, well it’s a bit late to object now.

You let an agent manage it and now you have to sort it out as the agent can’t seem to.

Lesson learned, get contracts in place and have inspections carried out.
 
Thanks everyone for your replies esp sound advice I have received. I personally do everything by the book but my mother was the agent and didn't ...but you live and learn

As for Dr Stranglove you havent met my mother and before you say what I do and do not deserve remember doing something to help a member of my family doesn't make me a bad landlord .. giving my house to my mother to rent and for her to be active, involved and have top up on her income ...may sound foolish to you but people do things for all different reasons ..not just to be landlord l
 
MPFG12 said:
Thanks everyone for your replies esp sound advice I have received. I personally do everything by the book but my mother was the agent and didn't ...but you live and learn
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I just wonder was your mother an agent or the landlord? Just because you own the property does not mean you are automatically the landlord. If your mother handled all dealings and put the RTB registration in her own name then she was the landlord, not you.
 
You asked for advice, which you didn't like so far but here goes ....

You're blaming your mother for what she did with your full blessing. And which you didn't want to do because you were abroad and didn't want the hassle.

There was a tenant for 8 years. It's irrelevant to you whether he got a good deal on rent or not so why mention it now? You told your mother to deal with it, which she did. For you. At any point you could have stepped in and taken the property back from her. Now you are complaining about what she did. Your fault she rented for less than market, and your fault she didn't put up the rent ever as you handed it all to her. None of that is the tenant's fault.

The tenant paid the deposit and entitled to it back. Clearly you don't want to pay him back so you are now coming up with a whole heap of issues that you were happy to ignore for 8 years. Did you ever even visit the property in those 8 years? How many times did you come home?

Well done your mother for managing the property, for dealing with the tenant and for sorting out taxes.

Your comments about the post are petty. Why would there be post going there for 8 years, and you expect it to be forwarded, why not just change the mailing address.

The garden shed of 1K is written off against tax, what is your point on that. Same re the appliances. Sounds like your mother was a good landlord who dealt with her tenant's requests.

Same re the man for 6 months, the dog, and the girlfriend. All clearly known to your mother and she didn't object.

You claim you told your mother to do this that and the other, yet she didn't. Again why didn't you step in.

It's quite clear that you don't want to pay the tenant back his deposit, that you are mad with your mother because you are caught in the RPZ and you are clutching at straws to find reasons to avoid paying back the deposit. You don't sound fit to be a landlord. It's now nearly June. Just pay him back the deposit. There isn't a landlord hasn't had to throw out old tenant's stuff, or deal with tenants who don't open windows and leave damp ceilings.

ESB - landlords fault for accepting a meter reading 3 weeks before tenant left.

Notice period - be glad tenant is gone, any of mine that left just gave us a couple of weeks notice, maybe a month or two. Not wasting time wondering about proper notice periods. If they are going to go they are going to go.

Can't believe this is down to two hundred euro. Seriously. If that wasn't bad enough, you're in a fight with your own mother over the deposit money.

The only real item that you could justify no return of deposit is the rusted windows. If you approach the RTB with the above tale of woe I'd say they will throw the book at you.

Bear in mind the number one issue in the RTB with landlords is non return of deposit, and they take a very relaxed view of wear and tear.
 


I thanked people for their advice ...who said I didnt like it ?
.as I said several times I would pay it in full but my mother holds the deposit as she was the agent ...and as for

" Your comments about the post are petty. Why would there be post going there for 8 years, and you expect it to be forwarded, why not just change the mailing address.

The garden shed of 1K is written off against tax, what is your point on that. Same re the appliances. Sounds like your mother was a good landlord who dealt with her tenant's requests.

Same re the man for 6 months, the dog, and the girlfriend. All clearly known to your mother and she didn't object."

These are all reasons my mother has put forward not to return the full deposit and I came on here to see if she has a leg to stand and ask for advice. And all this before I pay the deposit back myself out of my own funds


I sais she formed an attachment to the tenant and acted as he was a friend and didnt see it as a professional relatiopnship..She is the one who is hanging out for the 200 euros as its personal

To say I am not fit to be a landlord whne I wasnt. I live in another country (how could I take the meter reading for instance) and my mother was the landlord and agent , just shows you are only interested in attacking

You sound your purpose was not to read the thread but just to have a go , full of bile and nastiness

Dont reply to my post as I can do without corresponding with people like you who come annonymously on line to take their self righteous anger out on others. How are you such a paragon of virtue that you think you can attack others ? Nasty
 
1. Meter, ask tenant to take photo and send it to you. Phone ESB, put meter in your name, confirm tenants final reading. Bet you are decades younger than me. This is not rocket science complicated.
2. Or get your mother to read the meter the day the tenancy ended. Who accepted a 3 week old meter reading. Even if this nonsense were true, you only have to confirm meter reading of actual end of tenancy reading. ESB can only put you on the hook from your confirmed acceptance of meter reading.
3. Pay tenant full deposit.
4. Hire agent to rent property going forward
5. Stop pretending your mother is the landlord, you are, the RTB is even in your name.
6. The RTB doesn’t actually care whether it’s you or your mother. They’ll make you both liable. But you will be the one paying. This one might make the papers, so your name will be in lights.
7. Both you and your mother are outrageous not to have sorted out the deposit 5 months ago.
8. It’s landlords like you give landlords like me a bad name. For which I might be well placed to be aggrieved. BTW I’m a non resident landlord.

You’re well dodgy on the rent v tax. But seeing as your mother seems to have declared the rent and paid tax revenue might be happy.

All advice you got on here was sound, not just the ones you specifically pointed out you liked. Post #49 . All advice was free.
 
Why did you do this altruistic act for your incompetent mother whom you have painted in an exceedingly bad light?
 
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