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Non GAA Discussion => General discussion => Topic started by: giveherlong on April 07, 2014, 10:10:22 PM

Title: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 07, 2014, 10:10:22 PM
Bit of advice required. I rented a house in Belfast from June 2012 and moved out last week. The initial lease was for one year and I never signed anything to extend it but kept up the monthly payments. I paid a deposit of one month's rent at the outset. At the end of February I contacted the landlord to say I was moving out at end of March and to use the deposit to cover the final month's rent. She has rang a few times since I moved out but I haven't answered or returned the calls. There were a couple burns on the carpet where sparks had escaped from the open fire. The email below was sent today. Any advice on what to do would be much appreciated; don't fancy going down the legal route nor do I want to pay out £250. Thanks


I am writing to ask you to contact me regarding the damage to the living room carpet.  I have phoned you and left messages so we could sort out this situation amicably.  As you have gone against the rental agreement drawn up by UPS and used your deposit as the last months' rent I am requesting compensation from you for the replacement of the carpet.  When you moved in you asked could you use the fireplace and you were told you could if you used a proper grate and fire guard.  Clearly these instructions were not followed and subsequently damage to the carpet has occurred.  Replacement and fitting of the carpet will be £250 and I request you send me a cheque for this amount to the address above. 
If I have not received any correspondence from you before 12th April I will be forced to contact my solicitor and take this matter further.
Yours sincerely
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Geoff Tipps on April 07, 2014, 10:14:24 PM
Ignore it. She's bluffing.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 07, 2014, 10:15:23 PM
I hope so...
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Geoff Tipps on April 07, 2014, 10:19:09 PM
She's waiting for you to blink first. It's not worth her while to engage a solicitor for that amount.
Don't let her bully you.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: THE MIGHTY QUINN on April 07, 2014, 10:19:16 PM
In fairness, mind you, she would appear to hold the moral high ground
Title: Re: Landlord/Rental Query- Legal Advice
Post by: T Fearon on April 07, 2014, 10:25:57 PM
Sounds like a carpet bag,her!
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Minder on April 07, 2014, 10:35:20 PM
Quote from: Geoff Tipps on April 07, 2014, 10:19:09 PM
She's waiting for you to blink first. It's not worth her while to engage a solicitor for that amount.
Don't let her bully you.

Yeah no chance she goes to a solicitor for this.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Windmill abu on April 07, 2014, 10:39:14 PM
You have rented the property for almost 2 years & have paid rent for it. The landlord has received rent for this time & is presumably happy that the agreement has been honoured. All that is left is that you leave the property in the same condition that you received it.

If you damaged the carpet, you should pay for any replacement/repairs incurred. Your refusal to answer or return the calls is not only bad manners but proof that you cannot justify non payment of said repairs.

It is time to own up to your responsibilities.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: ardtole on April 07, 2014, 10:43:47 PM
Even if it did go as far as a soliciter, I dont think you would be liable. You could have dropped ashes when cleaning out the fire, there is a general amount of wear and tear allowed, sounds like she is taking the piss. All she needs to do is throw an ole rug over it and if she is renting it out it will be no big deal.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: THE MIGHTY QUINN on April 07, 2014, 10:48:21 PM
I'm not sure id be holding much sway on legal advice given to me by a person who can't even spell solicitor
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Puckoon on April 07, 2014, 10:55:44 PM
So you are basically horsing her out of a portion of the last month's rent - or the bill to fix her carpet that you damaged.

Current approach is un-gentlemanly and underhand.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Tony Baloney on April 07, 2014, 10:59:59 PM
Don't be a cnut and pay her for her carpet which you promised you wouldn't damage! At the very least agree to pay her half.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: 93-DY-SAM on April 07, 2014, 11:03:08 PM
You need to check your initial lease agreement but after the fixed term (1 year in your case) has expired tenancies generally become periodic. That is they continue to roll on based on the rent period eg month to month, week to week etc under the terms of the initial agreement you signed until either party serves notice on the tenancy. So just because you think you didn't sign anything after the first year doesn't necessarily mean there is no tenancy agreement is place.

Using your despoit as the last months rent is generally not within the terms of a tenancy agreement. I'm surprised they agreed to let you do this in the first place. The deposit is the deposit and nothing else. They might see it that you tried to pull a fly one and avoid losing some/all of your deposit. You need to check the terms of your tenancy agreement to make sure you are not liable for this otherwise you could end up in the small claims court.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Hereiam on April 07, 2014, 11:05:55 PM
Pay up. How would you like it if the shoe were on the other foot.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Maguire01 on April 07, 2014, 11:07:18 PM
Yep, pay up.

I assume you won't be needing a reference for any future tenancy.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: THE MIGHTY QUINN on April 07, 2014, 11:08:45 PM
I'm no legal expert but I'd suggest that's the best advice you've received since you started this thread. This woman is no fool, she will know her rights and I'm pretty damn sure she'll not have gone to an internet sports forum for advice
Title: Re: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 07, 2014, 11:18:04 PM
Thanks for all the replies
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Maguire01 on April 07, 2014, 11:31:23 PM
One other point. If she's willing to pursue this, she'll do it through the small claims court. Little risk for her, no need for solicitors, and potential hassle and extra cost for you.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 07, 2014, 11:35:45 PM
Was thinking of that. What if I get a quote for repair work (got a quote over phone for approx £70) or make an offer as gesture of goodwill?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Apparently so on April 08, 2014, 12:14:10 AM
Offer her a packet of softmints. The blue ones, the green flavour is shite. No surrender

All the best
Title: Re: Landlord/Rental Query- Legal Advice
Post by: under the bar on April 08, 2014, 12:22:09 AM
QuoteEven if it did go as far as a soliciter, I dont think you would be liable. You could have dropped ashes when cleaning out the fire, there is a general amount of wear and tear allowed, sounds like she is taking the piss. All she needs to do is throw an ole rug over it and if she is renting it out it will be no big deal.

QuoteI'm not sure id be holding much sway on legal advice given to me by a person who can't even spell solicitor

Lol.  Post/reply of the year so far! :):)
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Armaghgeddon on April 08, 2014, 12:24:42 AM
She wont take you to court over £250 not worth the effort of the money.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 08, 2014, 07:11:09 AM
Let her go whistle, similar thing happened us when we were students, my mates father said that as we were students we could afford to pay £1 a week which they could collect.  Never heard anything back.  Although in saying that if the value for money luxurious accommodation you were renting makes you feel that landlord warrants a new carpet (I am sure it was pristine when you moved in) fire her the £250. 
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 

You assume this lady will not pay for a solicitor's letter - out of principle I would chase you, and I could find a solicitor to advise me at mates rates, I'd say this woman could too.

My deposit is handed over to the tenancy deposit scheme so I wouldn't have been able to get my hands on it for your last month's rent.  And my tenancy agreement says specifically that the deposit will not be used to cover the last month's rent. 

Title: Re: Landlord/Rental Query- Legal Advice
Post by: cockahoop on April 08, 2014, 09:54:52 AM
i am a landlord and have had a similar problem myself,now i am totally against these landlords who will look for any petty reason not to return your deposit and i am very surprised she agreed to let you use your deposit against your last months rent but if she said the carpet is damaged i would arrange to meet at the property and come to some agreement.
She will most likely pursue your through the small claims as in 9 out of 10 cases it will favour the landlord and will only increase your costs as you will have to pay for all legal costs.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Milltown Row2 on April 08, 2014, 09:55:07 AM
Quote from: giveherlong on April 07, 2014, 11:18:04 PM
Thanks for all the replies

As the Antrim county board, they have been great with their last tenants
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 08, 2014, 10:21:51 AM
Quote from: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 

You assume this lady will not pay for a solicitor's letter - out of principle I would chase you, and I could find a solicitor to advise me at mates rates, I'd say this woman could too.

My deposit is handed over to the tenancy deposit scheme so I wouldn't have been able to get my hands on it for your last month's rent.  And my tenancy agreement says specifically that the deposit will not be used to cover the last month's rent.

And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy bastards.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Rois on April 08, 2014, 10:36:30 AM
Quote from: Black Card on April 08, 2014, 10:21:51 AM
Quote from: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 



And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy b**tards.
I sure am - I've lived in enough rented places myself and had pretty good landlords in that time. 
Within the first four months of renting the place out I had to replace a broken shower and a broken washing machine door, all done asap.  I'd be mortified if there was something wrong and I hadn't fixed it.  I'd like to keep the tenants as long as possible so it's in my interests to fix whatever needs fixing.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: brokencrossbar1 on April 08, 2014, 10:41:14 AM
Morally you should pay to have it fixed but I would question the price of £250. If you are minded to pay it like has been suggested get a second quote. 

From a legal point of view though I wouldn't say it is as clear cut as people are suggesting.  Once you go over the 12 months the tenancy runs on a rolling contract but all the terms of the agreement remain in place.  Once she agreed to accept your deposit as the last months rent and didn't carry out an inspection then she tookon the risk as the terms of the tenancy no doubt changed.Like Rois said above she should have held the deposit and made you pay the last month as that was how the tenancy normally works.  She can of course take this to the small claims court but I would think that this would be more hassle than it is worth.   I would ride it out for now  but have a idea of how much it would cost with your own supplier.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Geoff Tipps on April 08, 2014, 11:27:54 AM
In my experiences with landlords they will do anything to avoid having to return the deposit or part thereof.
If you feel no moral obligation to refund  the £250, don't bother.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Muzz on April 08, 2014, 04:36:06 PM
Just reading this now but as a landlord myself if you have stayed in the property for over a year and the carpet was not brand new at the time then wear and tear as someone else mentioned comes into it.

Look at what the average life of a carpet would be for a living room (most used room) and if clearly not new request that she provide you with receipt of carpet with date.  Take the price of the carpet and divide it by the life time and offer her the remaining years her carpet should have lasted.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Mayo4Sam on April 08, 2014, 05:10:07 PM
How did the marks get on the carpet did u have a fireguard like she asked?

If theres a reasonable case for wear and tear then dont pay it, if it was ur negligence then pay up.

Either way I doubt she'll follow u over a carpet
Title: Re: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 08, 2014, 05:12:06 PM
I did have a fire guard but didn't have it on one night and a hot coal rolled out onto the carpet
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Maguire01 on April 08, 2014, 07:31:52 PM
Quote from: brokencrossbar1 on April 08, 2014, 10:41:14 AM
Morally you should pay to have it fixed but I would question the price of £250. If you are minded to pay it like has been suggested get a second quote. 

From a legal point of view though I wouldn't say it is as clear cut as people are suggesting.  Once you go over the 12 months the tenancy runs on a rolling contract but all the terms of the agreement remain in place.  Once she agreed to accept your deposit as the last months rent and didn't carry out an inspection then she tookon the risk as the terms of the tenancy no doubt changed.Like Rois said above she should have held the deposit and made you pay the last month as that was how the tenancy normally works.  She can of course take this to the small claims court but I would think that this would be more hassle than it is worth.   I would ride it out for now  but have a idea of how much it would cost with your own supplier.
No mention that she agreed to this - the OP suggests she was told that was what was happening.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: brokencrossbar1 on April 08, 2014, 09:42:52 PM
Quote from: Maguire01 on April 08, 2014, 07:31:52 PM
Quote from: brokencrossbar1 on April 08, 2014, 10:41:14 AM
Morally you should pay to have it fixed but I would question the price of £250. If you are minded to pay it like has been suggested get a second quote. 

From a legal point of view though I wouldn't say it is as clear cut as people are suggesting.  Once you go over the 12 months the tenancy runs on a rolling contract but all the terms of the agreement remain in place.  Once she agreed to accept your deposit as the last months rent and didn't carry out an inspection then she tookon the risk as the terms of the tenancy no doubt changed.Like Rois said above she should have held the deposit and made you pay the last month as that was how the tenancy normally works.  She can of course take this to the small claims court but I would think that this would be more hassle than it is worth.   I would ride it out for now  but have a idea of how much it would cost with your own supplier.
No mention that she agreed to this - the OP suggests she was told that was what was happening.

I would think that she would have insisted on the rent being paid if she hadn't agreed to it.  There is either actual or tacit acceptence by not insisting.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 08, 2014, 10:20:03 PM
Quote from: Geoff Tipps on April 08, 2014, 11:27:54 AM
In my experiences with landlords they will do anything to avoid having to return the deposit or part thereof.
If you feel no moral obligation to refund  the £250, don't bother.

Exactly - basically the deposit is an extra's month rent for poor service in my experience.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 08, 2014, 10:25:36 PM
Quote from: Rois on April 08, 2014, 10:36:30 AM
Quote from: Black Card on April 08, 2014, 10:21:51 AM
Quote from: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 



And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy b**tards.
I sure am - I've lived in enough rented places myself and had pretty good landlords in that time. 
Within the first four months of renting the place out I had to replace a broken shower and a broken washing machine door, all done asap.  I'd be mortified if there was something wrong and I hadn't fixed it.  I'd like to keep the tenants as long as possible so it's in my interests to fix whatever needs fixing.

If that is the case fair play, but out of curiosity, having been a student and knowing term time is 10 months, as a landlord do you insist on a 12 month leasing contract?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Maguire01 on April 08, 2014, 10:29:47 PM
Quote from: Black Card on April 08, 2014, 10:25:36 PM
Quote from: Rois on April 08, 2014, 10:36:30 AM
Quote from: Black Card on April 08, 2014, 10:21:51 AM
Quote from: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 



And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy b**tards.
I sure am - I've lived in enough rented places myself and had pretty good landlords in that time. 
Within the first four months of renting the place out I had to replace a broken shower and a broken washing machine door, all done asap.  I'd be mortified if there was something wrong and I hadn't fixed it.  I'd like to keep the tenants as long as possible so it's in my interests to fix whatever needs fixing.

If that is the case fair play, but out of curiosity, having been a student and knowing term time is 10 months, as a landlord do you insist on a 12 month leasing contract?
And when you're answering that, does your bank insist you repay your mortgage for all 12 months of the year?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 08, 2014, 11:55:59 PM
Quote from: Maguire01 on April 08, 2014, 10:29:47 PM
Quote from: Black Card on April 08, 2014, 10:25:36 PM
Quote from: Rois on April 08, 2014, 10:36:30 AM
Quote from: Black Card on April 08, 2014, 10:21:51 AM
Quote from: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 



And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy b**tards.
I sure am - I've lived in enough rented places myself and had pretty good landlords in that time. 
Within the first four months of renting the place out I had to replace a broken shower and a broken washing machine door, all done asap.  I'd be mortified if there was something wrong and I hadn't fixed it.  I'd like to keep the tenants as long as possible so it's in my interests to fix whatever needs fixing.

If that is the case fair play, but out of curiosity, having been a student and knowing term time is 10 months, as a landlord do you insist on a 12 month leasing contract?
And when you're answering that, does your bank insist you repay your mortgage for all 12 months of the year?

No they insist on me paying it for 25 years as I have bought the house, your point being?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 08, 2014, 11:59:29 PM
Quote from: Maguire01 on April 08, 2014, 10:29:47 PM
Quote from: Black Card on April 08, 2014, 10:25:36 PM
Quote from: Rois on April 08, 2014, 10:36:30 AM
Quote from: Black Card on April 08, 2014, 10:21:51 AM
Quote from: Rois on April 08, 2014, 09:43:20 AM
Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 



And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy b**tards.
I sure am - I've lived in enough rented places myself and had pretty good landlords in that time. 
Within the first four months of renting the place out I had to replace a broken shower and a broken washing machine door, all done asap.  I'd be mortified if there was something wrong and I hadn't fixed it.  I'd like to keep the tenants as long as possible so it's in my interests to fix whatever needs fixing.

If that is the case fair play, but out of curiosity, having been a student and knowing term time is 10 months, as a landlord do you insist on a 12 month leasing contract?
And when you're answering that, does your bank insist you repay your mortgage for all 12 months of the year?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: THE MIGHTY QUINN on April 09, 2014, 03:54:27 AM
I think the point the guy is making relates to students having to take a 12 month rental period even though they will only require the property for 10 months.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Puckoon on April 09, 2014, 05:01:19 AM
I think the point being made is clear, as is the naïveté and silliness of it.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Maguire01 on April 09, 2014, 06:55:52 AM
Precisely.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 09, 2014, 07:42:29 AM
Quote from: Puckoon on April 09, 2014, 05:01:19 AM
I think the point being made is clear, as is the naïveté and silliness of it.

Really, why, (and that is not a rhetorical question please pen an answer)  what pisses all students off is this crap of a 12 month contract.  For landlords they know the students are going to be home but it means that for July and August the onus is on some poor sap from Augher or Strabane or where ever to get a bus down over the holidays to try and protect their deposit and ensure some dump isn't a bigger dump.  For simple maths if the rent was 500 a month for 12 months why doesn't the landlord charge 600 a month for 10 months, they get their money and the students don't feel aggrieved or ripped off, oh that's right they would have to look after their house over July and August and not be able to find as many excuses to withhold their deposit.  BTW it is not illegal to rent for less than 12 months!
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Under Lights on April 09, 2014, 08:21:33 AM
Please don't pay and see what happens.
Could make a good story as we follow you through courts/ further disputes over the carpet.


Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 09, 2014, 08:51:20 AM
Quote from: Under Lights on April 09, 2014, 08:21:33 AM
Please don't pay and see what happens.
Could make a good story as we follow you through courts/ further disputes over the carpet.

Nothing will happen.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 09, 2014, 09:07:24 AM
Quote from: Black Card on April 09, 2014, 08:51:20 AM
Quote from: Under Lights on April 09, 2014, 08:21:33 AM
Please don't pay and see what happens.
Could make a good story as we follow you through courts/ further disputes over the carpet.

Nothing will happen.
Yea could provide endless entertainment, all I need is a GAA Board solicitor to represent me, any volunteers?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 09, 2014, 09:12:43 AM
Olly could be you man, sorry Brolly!!
Title: Re: Landlord/Rental Query- Legal Advice
Post by: dferg on April 09, 2014, 11:08:12 AM
Quote from: Black Card on April 09, 2014, 07:42:29 AM
Quote from: Puckoon on April 09, 2014, 05:01:19 AM
I think the point being made is clear, as is the naïveté and silliness of it.

Really, why, (and that is not a rhetorical question please pen an answer)  what pisses all students off is this crap of a 12 month contract.  For landlords they know the students are going to be home but it means that for July and August the onus is on some poor sap from Augher or Strabane or where ever to get a bus down over the holidays to try and protect their deposit and ensure some dump isn't a bigger dump.  For simple maths if the rent was 500 a month for 12 months why doesn't the landlord charge 600 a month for 10 months, they get their money and the students don't feel aggrieved or ripped off, oh that's right they would have to look after their house over July and August and not be able to find as many excuses to withhold their deposit.  BTW it is not illegal to rent for less than 12 months!
There are lots of empty houses about.  If you say to a landlord you like the house but are only looking to rent for 10 months and have another 4 houses to see I bet you will get plenty of takers.

On the house itself I'd say £250 is your landlords opening gambit.  It's a second hand carpet in a rental house that is at least 2 years old.  Maybe £160 to buy a new 1 and fit?  Say you'll split the difference and agree to pay 1/2.  She gets a new carpet, you lose the threat of a solicitors letter...
Title: Re: Landlord/Rental Query- Legal Advice
Post by: giveherlong on April 09, 2014, 11:10:02 AM
Thanks
Title: Re: Landlord/Rental Query- Legal Advice
Post by: thebigfella on April 09, 2014, 12:36:55 PM
First of all, you can normally get a professional to repair damage to the carpet. She can't just decide to replace the carpet and charge you the cost without proof it's the only option.

Secondly, unless she put new carpet down before you took up the tenancy then the carpet will have depreciated due to existing wear and tear. Again she can't charge you the full replacement cost.

I'd just answer the phone and come to an arrangement to be honest, less headaches but I wouldn't pay the full amount to replace the carpet. She's just acting the Cnut expecting that.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: haranguerer on April 09, 2014, 12:43:49 PM
We shouldnt forget that she has tried to contact you numerous times, to resolve this amicably in her own words, you said yourself you didnt answer, so you've brought this on yourself.

Anyone whos saying f**k it is thinking back to student days when the houses were kips and many a stroke was pulled by landlord and tenant alike. This doesnt sound at all like the case here. If she was fair to you, you should be fair to her.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Puckoon on April 09, 2014, 02:07:43 PM
Quote from: Black Card on April 09, 2014, 07:42:29 AM
Quote from: Puckoon on April 09, 2014, 05:01:19 AM
I think the point being made is clear, as is the naïveté and silliness of it.

Really, why, (and that is not a rhetorical question please pen an answer)  what pisses all students off is this crap of a 12 month contract.  For landlords they know the students are going to be home but it means that for July and August the onus is on some poor sap from Augher or Strabane or where ever to get a bus down over the holidays to try and protect their deposit and ensure some dump isn't a bigger dump.  For simple maths if the rent was 500 a month for 12 months why doesn't the landlord charge 600 a month for 10 months, they get their money and the students don't feel aggrieved or ripped off, oh that's right they would have to look after their house over July and August and not be able to find as many excuses to withhold their deposit.  BTW it is not illegal to rent for less than 12 months!

1. Not all students return home for summer months. The same as not all students go home on weekends. Many stay for work, and plenty stay for repeat exams
2. Not all student houses contain solely student tenants. The mix of students and one poor (or smart sod, however you look at it) who has decided to work instead of study is pretty common place.
3. A 12 month contract is standard. It's how it works. If a student is feeling aggrieved about that then wait til they hit the real world. You're suggesting it's not the money (I.e beefing up the rent is ok), but that it's the duration by itself that is stupid? If someone can get a 10 month, good luck to them. Thinking ill of a landlord that wants 12 months of income based on who they choose to let rent their place is silly. If you don't want it move on and keep looking. If your boss wanted to pay you 500 less a month he has the right to want that and you have the right to say take a hike I'll look elsewhere.
4. Go back to point 1,2. Not every student fits the mold you are suggesting and as such the 12 month contract covers all bases and eventualities. Particularly for students who stay in the same house over multiple years of school
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Black Card on April 09, 2014, 02:25:11 PM
Point 1,2 are irrelevant to my point - the statement about a boss paying you 500 less is also irrelevant and frankly stupid, point 4 is also irrelevant if people are on long term leases.  The point that a 12 month contract is standard is the issue as most students do go home over the summer.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Puckoon on April 09, 2014, 02:31:14 PM
Obviously you've some growing up to do. Maybe your work placement week might help you out and you'll have a grasp on it by the time you fill in your ucas application. Make sure you check the 10 month application box on your tenancy lease, otherwise you'll be stuck with the 12 month option!
Title: Re: Landlord/Rental Query- Legal Advice
Post by: thebigfella on April 09, 2014, 02:34:23 PM
Quote from: Black Card on April 09, 2014, 02:25:11 PM
Point 1,2 are irrelevant to my point - the statement about a boss paying you 500 less is also irrelevant and frankly stupid, point 4 is also irrelevant if people are on long term leases.  The point that a 12 month contract is standard is the issue as most students do go home over the summer.

Only in the north do students expect 10 month leases. Everyone else have to live in the real world. Sure maybe you should only pay rent for the nights you actually stay in the house?
Title: Re: Landlord/Rental Query- Legal Advice
Post by: muppet on April 09, 2014, 02:45:45 PM
Quote from: thebigfella on April 09, 2014, 02:34:23 PM
Quote from: Black Card on April 09, 2014, 02:25:11 PM
Point 1,2 are irrelevant to my point - the statement about a boss paying you 500 less is also irrelevant and frankly stupid, point 4 is also irrelevant if people are on long term leases.  The point that a 12 month contract is standard is the issue as most students do go home over the summer.

Only in the north do students expect 10 month leases. Everyone else have to live in the real world. Sure maybe you should only pay rent for the nights you actually stay in the house?

I recall being in the Poly when we had a match scheduled for Christmas week, when term was over and the Halls of Residence were closed. I had nowhere to stay but luckily two lads involved with the club each put me up for a couple of nights. The first stay involved a trip to Dublin whereby we took the train, the guy's Dad picked us up, and brought us home to meet the Mammy. The Dad introduced me as a nephew of Colm Coyle of Meath and the mother wouldn't let me into the house. It look a lot of persuasion to recover the situation.

The 2nd stay was in a house somewhere in the mountains in Tyrone. We woke up with a helicopter hovering over the roof early in the morning. The next night we went to some nightclub in Cookstown or Carrickmore. We must have walked about 15 miles on the way home before getting a lift with the milkman. The match finally came, I played sh*ite marking a fella who I was certain was actually drunk, and I was subsequently dropped.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: thebigfella on April 09, 2014, 02:58:53 PM
Quote from: muppet on April 09, 2014, 02:45:45 PM
Quote from: thebigfella on April 09, 2014, 02:34:23 PM
Quote from: Black Card on April 09, 2014, 02:25:11 PM
Point 1,2 are irrelevant to my point - the statement about a boss paying you 500 less is also irrelevant and frankly stupid, point 4 is also irrelevant if people are on long term leases.  The point that a 12 month contract is standard is the issue as most students do go home over the summer.

Only in the north do students expect 10 month leases. Everyone else have to live in the real world. Sure maybe you should only pay rent for the nights you actually stay in the house?

I recall being in the Poly when we had a match scheduled for Christmas week, when term was over and the Halls of Residence were closed. I had nowhere to stay but luckily two lads involved with the club each put me up for a couple of nights. The first stay involved a trip to Dublin whereby we took the train, the guy's Dad picked us up, and brought us home to meet the Mammy. The Dad introduced me as a nephew of Com Coyle of Meath and the mother wouldn't let me into the house. It look a lot of persuasion to recover the situation.

The 2nd stay was in a house somewhere in the mountains in Tyrone. We woke up with a helicopter hovering over the roof early in the morning. The next night we went to some nightclub in Cookstown or Carrickmore. We must have walked about 15 miles on the way home before getting a lift with the milkman. The match finally came, I played sh*ite marking a fella who I was certain was actually drunk, and I was subsequently dropped.

Fair enough stay in the halls of residence then if that's what they offer.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: muppet on April 09, 2014, 03:02:25 PM
Quote from: thebigfella on April 09, 2014, 02:58:53 PM
Quote from: muppet on April 09, 2014, 02:45:45 PM
Quote from: thebigfella on April 09, 2014, 02:34:23 PM
Quote from: Black Card on April 09, 2014, 02:25:11 PM
Point 1,2 are irrelevant to my point - the statement about a boss paying you 500 less is also irrelevant and frankly stupid, point 4 is also irrelevant if people are on long term leases.  The point that a 12 month contract is standard is the issue as most students do go home over the summer.

Only in the north do students expect 10 month leases. Everyone else have to live in the real world. Sure maybe you should only pay rent for the nights you actually stay in the house?

I recall being in the Poly when we had a match scheduled for Christmas week, when term was over and the Halls of Residence were closed. I had nowhere to stay but luckily two lads involved with the club each put me up for a couple of nights. The first stay involved a trip to Dublin whereby we took the train, the guy's Dad picked us up, and brought us home to meet the Mammy. The Dad introduced me as a nephew of Com Coyle of Meath and the mother wouldn't let me into the house. It look a lot of persuasion to recover the situation.

The 2nd stay was in a house somewhere in the mountains in Tyrone. We woke up with a helicopter hovering over the roof early in the morning. The next night we went to some nightclub in Cookstown or Carrickmore. We must have walked about 15 miles on the way home before getting a lift with the milkman. The match finally came, I played sh*ite marking a fella who I was certain was actually drunk, and I was subsequently dropped.

Fair enough stay in the halls of residence then if that's what they offer.

The moral of the story was probably to NOT stay in the halls if you plan on playing a bit of Gaa.
Title: Re: Landlord/Rental Query- Legal Advice
Post by: Maguire01 on April 09, 2014, 06:52:16 PM
Quote from: Black Card on April 09, 2014, 07:42:29 AM
Quote from: Puckoon on April 09, 2014, 05:01:19 AM
I think the point being made is clear, as is the naïveté and silliness of it.

Really, why, (and that is not a rhetorical question please pen an answer)  what pisses all students off is this crap of a 12 month contract.  For landlords they know the students are going to be home but it means that for July and August the onus is on some poor sap from Augher or Strabane or where ever to get a bus down over the holidays to try and protect their deposit and ensure some dump isn't a bigger dump.  For simple maths if the rent was 500 a month for 12 months why doesn't the landlord charge 600 a month for 10 months, they get their money and the students don't feel aggrieved or ripped off, oh that's right they would have to look after their house over July and August and not be able to find as many excuses to withhold their deposit.  BTW it is not illegal to rent for less than 12 months!
I have no doubt that if, at the end of month 10, you went to the landlord with 2 months' rent and the keys, they'd be only too happy to relieve you of the tenancy. Have you tried this?