A homeowner may have legitimate reasons for making deductions from a deposit, but the fact that damage exists does not automatically mean the entire deposit can be retained.
The first question is usually whether the renter was actually responsible for the damage. The second is the amount of the homeowner’s genuine loss. Ordinary deterioration from normal use should also be distinguished from damage caused by the occupant.
For example, a broken bedside table caused during the licence period is very different from a carpet simply becoming slightly more worn over time. If €150 is reasonably required to deal with damage, that does not by itself justify retaining an €800 deposit.
This is where evidence becomes important. Photographs taken when the renter moves in can establish the original condition of the bedroom, furniture and other relevant areas. Photographs at the end of the arrangement, together with receipts, quotations or other evidence of loss, can then support any proposed deduction.
The licence agreement should also make clear what the deposit is intended to cover. Citizens Information recommends that room-rental agreements state the deposit amount, when it will be returned and the circumstances in which part of it may be retained, including unpaid amounts or property damage.
There is a practical reason for homeowners to take this seriously. The Courts Service specifically allows the Small Claims procedure to be used for the non-return of a deposit relating to a room or flat in a house where the homeowner lives. Eligible claims can be for up to €2,000 and currently cost only €25 to initiate.
A SigSwift Rent A Room Licence Agreement can record the deposit terms and incorporate photographs or attachments showing the condition of the accommodation. That creates evidence for both parties rather than leaving a later dispute dependent on memory.
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