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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Good afternoon! I'm a tenant in Ireland. I rented a house

Resolved Question:

Good afternoon! I'm a tenant in Ireland. I rented a house and the bank took over it from landlord. As the property went for sale I had to moved out within weeks. As I spent my own money for the house and never got it back I took over few staff from it. We had no list about them when I signed the lease with previous landlord. Until she owe me the cost I paid for I don't want to give it back to her. We paid the rent every month and house was in good condition all the time. The bank has no complaints about us. Probably she has no evidence that what was hers or my own. She contact me after 5 months that I need to pay her for staff I took away is it correct? And she said she will call the Garda at my new property to makes me trouble can she do that way? Can I go for a court to get the right way?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, what do you mean by "staff". Is it things in the house or employees employed by your landlord? I think you are confusing "staff" with "stuff". What things did you take? Have you taken all items which belonged to you? What did you spend the money on, when you say you spent your money on the house?
Customer: replied 1 year ago.
Thank you for quick answer! Sorry for confused, I'm very upset!
Staff means, a tumble dryer, few plates, a chopper and iron with board and few curtains. I left 80% of hers anyway but as we had no invitory list in lease We painted the whole house after move in as we got promise for long term staying. Always had problems with en-suit so we fixed sealing and did repoint. Heating system was fix 2 times. It is around € 1500 and we still paid rent every month in time over bank account! The house is still with the bank it is on selling! Bank had no problems with us! Thank you! Susan
Expert:  Buachaill replied 1 year ago.
2. The normal thing you would have done if you made improvements to the house, such as painting it, would be for you to deduct the monies you paid for the paint and painting from the rent. Under Irish law, you were entitled to a reduction in your rent for any monies you paid out in repairs to the house, or for example, fixing the heating system. Today, you can claim these monies back off the landlord, as a monetary liquidated claim. So this 1500 euro is a claim you can make against the landlord. You can sue to recover these monies in court, if you wish. Secondly, you are entitled to take any of your own property from the tenanted premises. However, the law does not give you the right to take anything belonging to your landlord from the house. Nor are you allowed to withhold any of your landlord's possessions in order to get paid your 1500 euro you spent on repairs to the house. So you should return any property which is not yours. However, I would suggest you speak with the landlord and see if some agreement can be reached in respect of your claim for 1500 as this money is owing to you and you have things belonging to the landlord. Some agreement might be possible.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your question.
Customer: replied 1 year ago.
Yes, I know not it was the best way I did. Thank you for answering! If she blaming me at the Garda are they able to come in my house without any official explaining? As she has no evidence what was her items! Susan
Expert:  Buachaill replied 1 year ago.
4. Dear *****, the Gardai are entitled to come and ask you about the items you may have taken once a complaint has been made. In essence the Gardai will ask you to return any items which don't belong to you. So this is why you should return all items which are not yours. However, be aware that the Gardai are unlikely to bring charges in a case such as this. They will leave it to a civil remedy. However, you should still return what is not yours.
Customer: replied 1 year ago.
The previous landlord doesn't need just ask me to pay them back! Actually I'm thinking about that I will go to the bank tomorrow and transferring some money on her account to get evidence that I payed back the cost! If I have official bank statement that I paid it , the Garda has no excuse to bothering me. Is it correct way?
Expert:  Buachaill replied 1 year ago.
5. I would simply advise you to send back whatever items don't belong to you. In that way, the Gardai won't get involved.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok, thanks for everything! Susan
Expert:  Buachaill replied 1 year ago.
6. You are welcome. Best wishes.