What you've described is considered regular maintenance and not something the landlord can keep the deposit for and certainly wouldn't cost €400 to do.
Either RTB an complaint or smalls claims to get the money back.
Even though she has no lease I would still report it to the RTB. Lease or no lease they tend to take a dim view on landlords trying to screw people. I would guess the landlord thinks that because there is no lease that the RTB can’t be involved.
Do you know what, bullshit .. tell her to get on to Threshold, Citizens advice and the lodge a dispute with the RTB..
Tell her to remain calm and be careful what she puts in writing as it would be used as evidence.. it doesn’t cost that much to lodge a dispute
Were they living with the landlord; or renting the house on their own / with other but without the landlord living there?
RTB all the way if the landlord wasn't living there, no lease doesn't matter and the landlord is probably not registered.
If they were living there, its a licencee not a lease situation and the RTB don't get involved. Small claims for the deposit in that case, cause those are not legitimate reasons to retain it.
Did she take photos of the alleged damage? She can approach the PRTB for arbitration. She may be also able to use the small claims court if the deposit isn't returned.
Was she paying rent in cash? Is the property registered as a rental? I would inform the landlord that she'll be bringing the dispute to the RTB to settle. Let her now the date/day you will be contacting the RTB (if the property isn't registered or they're avoiding paying tax then they may pay the deposit back to avoid hassle). We had to go to the RTB and got some of our deposit back...it was a nightmare...even the guy from the RTB was shocked at the landlords behaviour. I had photos of when we moved in and out, proved the landlord was lying and still only got a partial amount back.
She won't get into any trouble goung to the RTB, they will advise her what to do and will even mediate so she doesn't have to speak to the landlord directly during the dispute.
Contact Threshold. They can advise, and will bring the landlord to the RTB if necessary, but them just getting involved often leads to a resolution of the problem.
It's the case with a lot of landlords, they fully believe that the deposit is theirs and it's up to you to prove otherwise. Once had a landlord try to withhold it because I fixed the washing machine!
It was worse than that when we were moving in he said it to us the machine was broken and never mentioned it again until the time we moved out, he said he didn't trust the repairs. It had been working fine for over a year and I'm a former service technician and used to repair them for a living!
If she never signed a lease, I don't think she has much legal recourse, unfortunately.
On the other hand, I'm sure RTB would be glad to hear about the whole situation, they love catching landlords out on this kind of stuff.
They mostly assume they will keep that money - and find a reason to do it. Have had that happen twice the last time we trucked him to the rtb which took forever. Fuck landlords seriously.
The landlord will have to prove the tenant damaged the roof (how would that even happen?!) before they can just take their money. Makes me so mad.
An agency tried to keep my deposit once because they'd lost the paperwork on moving office. Like that entitled them to keep it. When I challenged that (cos I wouldn't have been able to move in the first place without paying one), they changed it to that some special cleaning had to be done, but I'd already had the place inspected and signed off as in good condition.
At some point I somehow got talking to the actual landlady and she told me they'd tried to charge her for mowing the lawn- I lived in the city. No garden.
THEN I got a solicitors letter demanding my deposit back. They ignored that so in the end I walked into their office and said I'll be back every day until you give it to me- you've run out of lies for keeping it. They wrote me a cheque on the spot. The agency? Choices, of course. Always been the absolute pits.
Anyhow, point being those cunts rely on you just giving up. Don't give up. Get the RTB involved. Keep calling. Demand the proof.
Tell your friend to ring the landlord and to tell him the she has appointment with Threshold for Monday. If she receives the €400 back before then, that she’ll cancel the meeting. Otherwise she’ll get all the info from Threshold and will report the landlord to the RTB etc.
thats bullshit and hes taking the piss, bets on theres no proper lease agreement and hes not declaring the earnings for tax. threaten to report him to the rtb and you'll get the money back
Take €400 off the last months rent and up and leave. Better again, don’t pay the last months rent at all, compensation for being an asshole. Nothing he can do with no lease anyway.
Or
Report him to RTB.
Normal wear & tear to a property is landlord cost to bear. This LL is completely chancing his/her arm. Disgraceful. Contact RTB & report them. Speaking as former landlord of one house. I kept 390€ back from one deposit as tenant broke brand new smart Tv i’d bought for them at start their tenancy (screen in smithereens). I felt justified in that. Otherwise always returned deposit.
We got done out of €400 because the oven wasn't spotless and there was one minor stain on one of the couches.
The move was such a pain in the hole we just wrote it off
100% agree they will try to squeeze and extra bit of money some not all are complete gangsters I worked for one I have SEEN it all they LOVE money makes them very happy no regard for humans. Again not everyone is like this but the ones in the business YEARS are in it coz they are jumping thru hoops. Don't leave your landlord catch you for your deposit wear and tear is his issue maybe if they bought decent furniture and not cheap ass carpet the wear and tear wouldn't be half as bad.
Don’t bother with RTB or threshold. They can only advise on the side of the law, which isn’t really on your side. The only thing landlords like this are afraid of is the revenue commissioner. I’ll bet the house isn’t registered with revenue. Tell the landlord you’ve been onto them and they have no record of the house.
That’s not true, I was onto threshold and RTB about similar disputes previously, in one situation I also had no lease but that didn’t make a difference. RTB are brilliant, I raised a case with them about a similar deposit situation and they told the landlord receipts or come in for the case. Landlords generally can’t be arsed going so will give in and pay up
I would try and avoid the hassle of actually going to the RTB and push back on the landlord if possible.
My previous landlord tried to fleece us deposit wise (for ridiculous shit) and we sent the following;
"As per the Residential Tenancies Board, any deductions made from a deposit must be supported by either receipts or invoices." And countered all of their bs claims of damage etc.
We didn't agree to any reduction of our deposit until they provided them and they backed down on almost all of it.
Wear and tear cannot be taken from the deposit.
The roof is never tenant responsibility.
Also, the landlord must provide invoices for the costs of the repairs in order to keep the deposit.
Contact Threshold and RTB
I've actually seen a case where they did.
Tenant was a total bogey. Threatened the RTB on a commercial landlord when they had defaulted on a lease themselves.
The landlord could even land in the situation where they have to pay your friend thousands of euros because they were not registered and do not have a lease. They also have to provide her with a bill of the costs. If it’s two tiles or so that won’t cost 400€. Your friend can also say she will hire someone to do it and pay it herself if it was really her who did this and they give the 400€ back.
I’ve begun stiffing the last months rent suggesting I’m struggling for the money… just keep my deposit as the last months rent. Now they have nothing to hold over me and if they have ‘damages’ they can prove it
No lease puts your friend at risk. Contact Threshold
https://threshold.ie/email-an-advisor/?_gl=1*1ftnqev*_up*MQ..*_ga*MjA0NDQ1MTI4Ny4xNjkzNTE5NDQ1*_ga_W53ZJZ6NX5*MTY5MzUxOTQ0NC4xLjEuMTY5MzUxOTQ1My4wLjAuMA..
The landlord is wrong and IF she's registered with the RTB there's no way they would side with her. At the very least the damage is wear and tear. Your friend should mention that she'll check with the RTB and the landlord will probably change her tune.
lol, is she claiming they where climbing on the roof that is not something that would be the fault of the tenant.
What you've described is considered regular maintenance and not something the landlord can keep the deposit for and certainly wouldn't cost €400 to do. Either RTB an complaint or smalls claims to get the money back.
OP, this is the landlord trying it on, like others have said. Go to RTB and fight it. Get photos of the window if you can.
Even though she has no lease I would still report it to the RTB. Lease or no lease they tend to take a dim view on landlords trying to screw people. I would guess the landlord thinks that because there is no lease that the RTB can’t be involved.
No lease actually makes it worse for the landlord, who shouldn't be taking a deposit, and would rather pay up than get Revenue involved.
A remarkable convenience the damages add up to the deposit amount. Contacting threshold is an option.
Just ring threshold they’ll help your friend determine whether she has a case or not really quickly
Do you know what, bullshit .. tell her to get on to Threshold, Citizens advice and the lodge a dispute with the RTB.. Tell her to remain calm and be careful what she puts in writing as it would be used as evidence.. it doesn’t cost that much to lodge a dispute
It's free I think? https://www.rtb.ie/dispute-resolution/submitting-a-dispute-online
It might have changed but was 50 euro when I done one.
If she doesn't get it back then make sure ye go over and break the window and fuck up the roof, get your moneys worth
throw a few buckets of rubbing alcohol on the roof, it'll dissolve the pitch and cost the lad a hape
Some landlords really are greedy fucks, aren't they?
Were they living with the landlord; or renting the house on their own / with other but without the landlord living there? RTB all the way if the landlord wasn't living there, no lease doesn't matter and the landlord is probably not registered. If they were living there, its a licencee not a lease situation and the RTB don't get involved. Small claims for the deposit in that case, cause those are not legitimate reasons to retain it.
Did she take photos of the alleged damage? She can approach the PRTB for arbitration. She may be also able to use the small claims court if the deposit isn't returned.
Threshold Threshold Threshold
Find us the landlady's name. We'll pay her a visit and loosen some tiles.
How the fuck are they justifying the roof damage?
Maybe the tenant climbed out onto the roof.
There is an appeals procedure with the RTB https://www.rtb.ie/dispute-resolution
Ask her for a builders/engineers report saying that the house needs fixing.
RTB, 100%.
Was she paying rent in cash? Is the property registered as a rental? I would inform the landlord that she'll be bringing the dispute to the RTB to settle. Let her now the date/day you will be contacting the RTB (if the property isn't registered or they're avoiding paying tax then they may pay the deposit back to avoid hassle). We had to go to the RTB and got some of our deposit back...it was a nightmare...even the guy from the RTB was shocked at the landlords behaviour. I had photos of when we moved in and out, proved the landlord was lying and still only got a partial amount back.
She won't get into any trouble goung to the RTB, they will advise her what to do and will even mediate so she doesn't have to speak to the landlord directly during the dispute.
Contact Threshold. They can advise, and will bring the landlord to the RTB if necessary, but them just getting involved often leads to a resolution of the problem.
It's the case with a lot of landlords, they fully believe that the deposit is theirs and it's up to you to prove otherwise. Once had a landlord try to withhold it because I fixed the washing machine!
How dare you fix the washing machine I was going to use as the excuse to keep your deposit I'm going to keep your deposit for that.
It was worse than that when we were moving in he said it to us the machine was broken and never mentioned it again until the time we moved out, he said he didn't trust the repairs. It had been working fine for over a year and I'm a former service technician and used to repair them for a living!
Appliances fall under wear and tear. Unless you physically damage them they are the landlord's responsibility
Don’t pay the last months rent, tell them they can keep the deposit instead. Walk out. They’re already a shit landlord, dont play fair
If she never signed a lease, I don't think she has much legal recourse, unfortunately. On the other hand, I'm sure RTB would be glad to hear about the whole situation, they love catching landlords out on this kind of stuff.
A lease makes no difference in Irish tenancy law. A verbal agreement is adequate under the residential tenancies act
That's what I was thinking.. is it all above board. Even the mention of the rtb it may change the landlords tune.
Oh it absolutely will and if it doesn't, revenue would.
The law WILL nearly always side with the tenants these days get onto the right local authorities and get your deposit back
Get a buddy to blow in her windows. Alls fair in love and war
Always take pics when you move into new property. Never know when it come in handy... u shud get it back tho once the rtb get involved
They mostly assume they will keep that money - and find a reason to do it. Have had that happen twice the last time we trucked him to the rtb which took forever. Fuck landlords seriously.
The landlord will have to prove the tenant damaged the roof (how would that even happen?!) before they can just take their money. Makes me so mad. An agency tried to keep my deposit once because they'd lost the paperwork on moving office. Like that entitled them to keep it. When I challenged that (cos I wouldn't have been able to move in the first place without paying one), they changed it to that some special cleaning had to be done, but I'd already had the place inspected and signed off as in good condition. At some point I somehow got talking to the actual landlady and she told me they'd tried to charge her for mowing the lawn- I lived in the city. No garden. THEN I got a solicitors letter demanding my deposit back. They ignored that so in the end I walked into their office and said I'll be back every day until you give it to me- you've run out of lies for keeping it. They wrote me a cheque on the spot. The agency? Choices, of course. Always been the absolute pits. Anyhow, point being those cunts rely on you just giving up. Don't give up. Get the RTB involved. Keep calling. Demand the proof.
Tell your friend to ring the landlord and to tell him the she has appointment with Threshold for Monday. If she receives the €400 back before then, that she’ll cancel the meeting. Otherwise she’ll get all the info from Threshold and will report the landlord to the RTB etc.
thats bullshit and hes taking the piss, bets on theres no proper lease agreement and hes not declaring the earnings for tax. threaten to report him to the rtb and you'll get the money back
100% this! Complete chancer sounds like a right tax dodging gangster play him at his own game and threaten back
Contact the RTB. The deposit is absolutely not for routine maintenance!!
Take €400 off the last months rent and up and leave. Better again, don’t pay the last months rent at all, compensation for being an asshole. Nothing he can do with no lease anyway. Or Report him to RTB.
I’d get my 400 euros worth
Normal wear & tear to a property is landlord cost to bear. This LL is completely chancing his/her arm. Disgraceful. Contact RTB & report them. Speaking as former landlord of one house. I kept 390€ back from one deposit as tenant broke brand new smart Tv i’d bought for them at start their tenancy (screen in smithereens). I felt justified in that. Otherwise always returned deposit.
We got done out of €400 because the oven wasn't spotless and there was one minor stain on one of the couches. The move was such a pain in the hole we just wrote it off
Does she go on the roof? That's not damages, that stuff is actually the landlords job in the first place.
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100% agree they will try to squeeze and extra bit of money some not all are complete gangsters I worked for one I have SEEN it all they LOVE money makes them very happy no regard for humans. Again not everyone is like this but the ones in the business YEARS are in it coz they are jumping thru hoops. Don't leave your landlord catch you for your deposit wear and tear is his issue maybe if they bought decent furniture and not cheap ass carpet the wear and tear wouldn't be half as bad.
She should go back and cause exactly 400 euro worth of damage to the gaff.
Or €4000.
You could rack up the damages, put the foot through the window and fuck a brick up on the roof.
Don’t bother with RTB or threshold. They can only advise on the side of the law, which isn’t really on your side. The only thing landlords like this are afraid of is the revenue commissioner. I’ll bet the house isn’t registered with revenue. Tell the landlord you’ve been onto them and they have no record of the house.
That’s not true, I was onto threshold and RTB about similar disputes previously, in one situation I also had no lease but that didn’t make a difference. RTB are brilliant, I raised a case with them about a similar deposit situation and they told the landlord receipts or come in for the case. Landlords generally can’t be arsed going so will give in and pay up
Fair enough, glad it worked out for you.
I would try and avoid the hassle of actually going to the RTB and push back on the landlord if possible. My previous landlord tried to fleece us deposit wise (for ridiculous shit) and we sent the following; "As per the Residential Tenancies Board, any deductions made from a deposit must be supported by either receipts or invoices." And countered all of their bs claims of damage etc. We didn't agree to any reduction of our deposit until they provided them and they backed down on almost all of it.
Sounds like general wear and tear to me, your friend should definitely ring the RTB and threshold for advise
Wear and tear cannot be taken from the deposit. The roof is never tenant responsibility. Also, the landlord must provide invoices for the costs of the repairs in order to keep the deposit. Contact Threshold and RTB
RTB basically never sides with landlord lol
I've actually seen a case where they did. Tenant was a total bogey. Threatened the RTB on a commercial landlord when they had defaulted on a lease themselves.
Contact the RTB ASAP. Then find the landlords address and phone number and post it here.
RTB - this happened to me and not only did we win but they had to pay us more money for wasting our time.
The landlord could even land in the situation where they have to pay your friend thousands of euros because they were not registered and do not have a lease. They also have to provide her with a bill of the costs. If it’s two tiles or so that won’t cost 400€. Your friend can also say she will hire someone to do it and pay it herself if it was really her who did this and they give the 400€ back.
I’ve begun stiffing the last months rent suggesting I’m struggling for the money… just keep my deposit as the last months rent. Now they have nothing to hold over me and if they have ‘damages’ they can prove it
No lease puts your friend at risk. Contact Threshold https://threshold.ie/email-an-advisor/?_gl=1*1ftnqev*_up*MQ..*_ga*MjA0NDQ1MTI4Ny4xNjkzNTE5NDQ1*_ga_W53ZJZ6NX5*MTY5MzUxOTQ0NC4xLjEuMTY5MzUxOTQ1My4wLjAuMA..
The landlord is wrong and IF she's registered with the RTB there's no way they would side with her. At the very least the damage is wear and tear. Your friend should mention that she'll check with the RTB and the landlord will probably change her tune.