Landlords who refused to return student’s deposit told they should have ‘reasonably foreseen’ damage to items

Two landlords who refused to return a student’s €700 deposit have been told they should have “reasonably foreseen” that some items might have been damaged and that a deep clean would have been needed at the end of the letting.

The tenant rented a house in Letterfrack, Co Galway, with two other students between September 2022 and last May, at a cost of €6,000.

He took a case with the Residential Tenancies Board (RTB) because he believed the deposit was unfairly withheld, arguing that some of the alleged damage was normal wear and tear.

However, the owners of the house claimed the tenant broke the TV screen, cracked the air-to-water thermostat, smashed a light switch, broke a bed base, removed a shower filter, caused damage to a wardrobe door, took towels from a locked storeroom and was responsible for damage to paintwork on the front door.

They also sought to recover money after removing broken glass and debris from bins around the property.

On top of the rent, the tenants had to pay a cleaning fee of €430 and money for utilities up front at the start of the lease.

The tenant’s mother represented him in the RTB tribunal hearing.

In relation to the alleged damage, she did not accept there was any damage caused to the bed or wardrobe beyond normal wear and tear.

She said the front door of the accommodation was “egged” by vandals. She told the tribunal the sum of €250 quoted to repair the front door was “excessive”.

Her son claimed he asked to borrow a power washer from one of the landlords to clean it off, but they said this was not necessary as they would do it.

In response, the landlords said the egging was not reported. They just happened to drive by and see it.

The first-named landlord knocked on the door and told the tenants to clean it off. It was accepted that the tenant had asked for a power washer, but the landlord told him to just clean it with a cloth.

“However, that was not done and the paintwork was damaged, meaning that it needed to be sanded and repainted,” the landlord said.

The tenant’s mother said an invoice from a construction company was provided in relation to the alleged damage. However, she claimed this company was connected to the landlords. The invoice was also dated July 2022 – two months before the tenant moved into the house.

In response, the landlord said this was a typo and should have read July 2023. The construction firm was a “family company” and work was done by contractors engaged by them.

The tenant’s mother said no receipts were provided for some of the work, including a bill of €170 to replace a light switch.

In relation to towels that the landlords submitted should not have been used, she said there was a room like a hot press that was not locked. She claimed the tenants were never told they could not have access to that room or its contents.

The landlords argued the paperwork signed stated all tenants must bring their own linen, towels and cloths. They claimed there was a sign on the door of the room saying “no entry”, as the linens were for summer lettings.

They said that at the end of the tenancy, they found the tumble dryer full of towels that had to be replaced as “they had holes in them and were bleached”.

It was accepted by the tenant that the TV was damaged and they agreed to one-third of the cost of replacing it being deducted from their deposit.

The tenant’s mother said she texted the landlords on May 8 to ask if they would inspect the property to see if there were any issues so they would have time to address them before the tenancy ended on May 17. However, she said the landlords did not do this.

The RTB said it was not satisfied that the landlords had established that some of the damage was beyond normal wear and tear.

“The dwelling was inhabited by a group of students, and while that does not give carte blanche to cause extensive damage, a landlord could reasonably foresee that some items might be worn out or damaged and that a deep clean would be required upon the conclusion of the letting,” the adjudicator said.

The RTB found the tenant was liable for one-third of the cleaning charge of €430, the cost of a replacement bin at €25 and one-third of the cost of a replacement TV at €319. The tenant was to be refunded €441 of the €700 deposit.

The RTB said there was “no mala fides” by the landlords in retaining the money and it was a “legitimate dispute”.

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