Q I rented my apartment to a couple and the lease is up at the end of the month. However, when I contacted them they told me that they had already moved out and had put the key in the post and that I can keep their deposit as the last month's rent. I have since been to the property and it's filthy with some damage to the furniture and some items missing. I have the tenancy registered with the PRTB but am not sure what to do. I tried to contact the utility companies to see if the bills are paid but they won't talk to me due to "data protection". What should I do?
A This is a most unfortunate position to find yourself in but one that does happen from time to time. It is good that you have registered the tenancy with the Private Residential Tenancies Board (PRTB) and the benefit of that will now be apparent.
Photograph the property with a date camera before you start the clean up. List all items that are missing. Obtain a quote for the repairs and replacement of the missing items. It can often take a few days to really check the property so make sure that you pick up on all damage. You can download a claim form from the PRTB website, prtb.ie, and I would recommend making a claim against the tenant for the damage. Provide their PPS numbers to the PRTB in the first instance.
If you are still in contact with the tenants, ask them to provide you with a forwarding address which will allow you to transfer the utilities back into your name and the utility company will send any outstanding bills to them at their new address. Take the meter readings and make the transfer by email keeping a record of each transfer.
You should seek compensation from the tenant in the first instance for the damage and missing items at the cost to you to make good and replace. If they refuse this request, you should then proceed with the claim to the PRTB.
The PRTB process will require you to provide clear evidence of the damage and you will be asked to provide receipts for any expenditure. Be careful only to seek compensation for issues that would be beyond normal wear and tear as this is allowed under the Residential Tenancies Act and can be hard to quantify.
Try to have all communication with the tenant recorded either by email or text. The tenants appear to have been unreasonable in their behaviour and so you must demonstrate that you are reasonable in your management of the issue. If you can’t resolve it amicably, the only route for you is to go through the PRTB.
Fergal Hopkins is a member of the Society of Chartered Surveyors Ireland (SCSI)
Q Any advice on soundproofing a 50-year-old semi-detached house? Noise from our neighbours such as doors banging, creaking floorboards and raised voices is particularly annoying in the bedroom. Due to the cost we are considering only soundproofing the main bedroom. Is it worthwhile to soundproof one room or is it only effective when the entire adjoining side of the house is treated? Any advice on other issues or good companies to use? Are there standards companies should meet?
A Sound transfer between two properties can be a very annoying problem. Since the introduction of building regulations in 1992, there are clearly defined standards of sound insulation that need to be achieved in party-wall construction, and it is not at all uncommon to find problems in the sound insulation standard with older properties.
Noise can transfer from one property to another either by airborne, eg voices, television etc, or by impact, eg banging on walls or floors.
If you live in an older house and are unfortunate to have a noisy neighbour, then this can be a significant source of nuisance for you. I note that you describe issues of both the airborne and impact type. The good news is that it is possible to address these issues, particularly the airborne type.
The remedial works will be dependant on the specific nature of the construction. The chances are that much of the sound is penetrating through large holes or gaps in the wall. It is not uncommon with older properties to have holes or gaps in walls adjacent to where floor joists are supported on the party walls.
Accordingly, you need to check to see what direction the floor joists are spanning. The floor joists will be perpendicular to the floor boards. If the joists are spanning into the party wall, you should have a few floorboards lifted in order to establish how they are supported and to determine whether or not there are any gaps or holes adjacent to these. Any holes or gaps should be suitably infilled and sealed with a dense mortar mix. This can be done on a room by room basis and you will note a marked improvement by taking action of this nature.
Another potentially weak point is at the party wall or roof junction in the attic. There are often large gaps here and these should all be checked and infilled and sealed, not only for sound but also for fire proofing reasons as well. These simple measures can significantly improve the situation.
However if the wall is relatively thin or of lightweight construction, then you will need to look at upgrading the sound insulation standard to the wall in general, and the only practical way to do this is to line the internal face of the wall with a sound insulating material such as a rockwool sound insulation or a sound resisting plasterboard layer. Whereas it would obviously be preferable to have this done to the entirety of a wall, works of this nature do lend themselves to a room-by-room approach, and you will notice an improvement within a particular room after the works have been done. This is often a sensible approach which can be done on a phased basis when doing up the house room by room.
Works of this nature are not particularly complex and can be done by most registered builders.
Val O’Brien is a member of the building surveying professional group of the SCSI
Q I live in the UK and have bought an investment property in Ireland. In the UK there are strict procedures around the handling of tenant's deposits including a Tenancy Deposit Scheme. What procedures should I follow in Ireland?
A As you will be aware, since 2007, landlords in the UK must place a deposit relating to a short hold tenancy with one of the government-approved Tenancy Deposit Schemes (TDS), whereby a third party holds the deposit and an insurance-based scheme whereby protection is provided on the deposit held by the landlord for the duration of the lease for a fee.
The situation is different in Ireland. On securing a tenancy, the tenant pays the deposit in addition to the first month’s rent to the landlord or the landlord’s agent. The deposit should be paid back to the tenant at the end of the tenancy provided the terms of the lease have been adhered to.
The Private Residential Tenancies Board, prtb.ie, is the statutory body responsible for the operation of a national registration system for all private residential tenancies and for providing a dispute resolution service. The issue of deposits is one of the most frequently heard disputes by the PRTB and has caused considerable debate particularly among tenants.
However, there is currently no third party for deposits in Ireland similar to the one in the UK. Independent research into the feasibility of a deposit protection scheme was carried out last year on behalf of the Department of Environment and the PRTB. One of the conclusions reached was that while such a scheme would provide greater protection for the tenant, there would be legislative changes required amounting to additional expense to the exchequer, particularly given the relatively low level of deposit related disputes in the context of the overall number of tenancies registered in Ireland.
I would recommend you consult with a qualified property professional who can advise you on your responsibilities as a landlord in Ireland.
Gerard O'Toole is a chartered surveyor and estate agent; scsi.ie
Send your queries to: propertyquestions@irishtimes.com or to: Property Clinic, The Irish Times, 24-28 Tara Street, Dublin 2.
This column is a readers' service. Advice given is general and individual advice should always be sought.
