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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To keep their deposit!!

1000 replies

LivFG · 15/11/2023 03:20

DH and I have a couple of properties we rent out. We have been renting to a young couple who always seemed like good tenants. We gave them notice a couple of months ago as we are going to start renting on AirBnB instead as DH thinks we will get more money (don't get me started).

Anyway, they moved out on Saturday and everything seemed fine. Today I went to get everything cleaned and I found (what I think to be) weed residue next to the sink. I'm Furious. I feel completely violated and uncomfortable being inside the property. I'm sick with worry that they have been using illegal drugs in my home and what the legal ramifications could be!!

Obviously we have their deposit. I was planning to refund it this week. After my discovery today, I now feel incredibly reluctant to make any sort of refund. The idea of supporting/funding their lifestyle makes me very uncomfortable. And they never would have been given permission to abuse my property in this way.

DH seems to think none of this is a problem and seems to completely miss the point - it isn't about cleaning it up - it's about the abuse of our trust.

AIBU?

OP posts:
Thread gallery
5
RhiWrites · 15/11/2023 14:37

Hands up those who’d rather deal with a bit of illegal weed residue than a landlord who illegally fails protect their deposit and threatens to keep it as punishment. 🤚🏽

Amberjane41 · 15/11/2023 14:37

either this post is fake or you are mental

surely this has to be a joke! In which case bravo to you as you’ve got people to discuss it for 20 pages 👏👏👏 Brilliant!

Cosyblankets · 15/11/2023 14:38

I referred to having to thoroughly sterilise the property because I do not want any other tenants entering and finding an illegal substance!! I certainly don't want them to think that DH or I are the ones who left it - or that we condone illegal behaviours.

What other type of cleaning in between tenants is there? A quick wipe? A hoover? You should be sterilising it anyway!

LubaLuca · 15/11/2023 14:38

It is attitudes like some of those shared here that have resulted in the normalisation of illegal behaviours. I find it all very concerning tbh.

You're in the wrong business then, mate. You became a rogue landlord instead of a police officer. Easy mistake to make.

CharlotteRose90 · 15/11/2023 14:39

Next time you rent make sure you follow the guidelines and protect someone’s deposit, a little bit of weed is nothing compared to you being a shoddy landlord

Violetpuffin · 15/11/2023 14:42

You broke the law. You’ve actually owed up to it by stating that you didn’t put their deposit the legal deposit scheme, a criminal act.
However, you’re still howling at the moon because you think but can’t actually prove there might have been ‘weed’ in the property, after turfing out perfectly good tenants due to your greed.
Landlords like you make me long for greater controls on how many properties people should be allowed to own and rent.

DiaNaranja · 15/11/2023 14:43

LivFG · 15/11/2023 03:41

Typically do a normal clean between tenancies - wipe of surfaces, hoover, that sort of thing. Now the whole place will need to be bleached and sterilised. But that I can deal with. It's the fact my property has been abused like this and the ramifications we could now presumably face!!

Why on earth does it need to be "bleached and sterilised", any differently to how you would normally have a full end of tenancy clean done?! This makes no sense. They've hardly shat up the walls. I'm very anti drugs, and this would not bother me in the slightest. Just give them their deposit back, clean up the "weed residue"/oregano, and get on with your life. Oh... and cross your fingers you don't get in deep shit for not having their deposit in a scheme, as that is a legal requirement.

justteanbiscuits · 15/11/2023 14:44

RhiWrites · 15/11/2023 14:37

Hands up those who’d rather deal with a bit of illegal weed residue than a landlord who illegally fails protect their deposit and threatens to keep it as punishment. 🤚🏽

🖐

onwardsup4 · 15/11/2023 14:45

LivFG · 15/11/2023 04:22

I was in tears earlier. It might not come across well, but this has all really shaken and upset me.

Surely doing anything illegal in the property would count as a breach of tenancy? Or you can just rent anything, start doing illegal activities, and that's okay now?

Are you for real ? Clean the property as you should between tenants pay the deposit back and hope you have squeaky clean air bandb guests ! 😂🤣 if this is true then you are utterly ridiculous not to mention money grabbing.

DixonD · 15/11/2023 14:46

Absolutely no one will go to prison for smoking weed on private property.

PixiKitKat · 15/11/2023 14:46

I've only read OPs posts, this shit is wild 🤣 no one goes to jail for doing a bit of weed in their own house. Be lucky they were decent as smoked it outside otherwise it would be even worse of a clean up!

MargotBamborough · 15/11/2023 14:47

LivFG · 15/11/2023 14:31

Let me say it again, the deposit will be refunded. As such, I can't be accused of being the immoral one or behaving illegally. It's amazing just how this has been twisted so that I am apparently the one in the wrong when the post was about illegal drug use in my property!!

I understand the point about the deposit scheme - and DH has been firmly told to do the admin properly and to make sure in future everything is done correctly. It certainly wasn't an attempt to 'steal' their deposit. We've had 101 things to deal with over the last year.

It is attitudes like some of those shared here that have resulted in the normalisation of illegal behaviours. I find it all very concerning tbh.

Of course you're in the wrong, OP.

You literally started a thread asking whether it would be unreasonable of you to withhold your tenants' deposit because of suspected, but unproven, drug use in the property.

I'm glad to see you have taken on board the feedback from other posters and understand that you would be extremely unreasonable to even attempt this. But since you were considering doing something both immoral and illegal, quite obviously you can be accused of wanting to do something which is both immoral and illegal.

If you are too busy to observe the legal obligations which apply to landlords, such as protecting your tenants' deposit, you are too busy to be a landlord and you should not be letting out your property. This is not mere admin. It is fundamental to your legal responsibilities as a landlord.

The reason why you have a legal obligation to hold your tenants' deposit in an official deposit protection scheme is precisely so that you cannot withhold it at the end of the tenancy for entirely spurious reasons such as there being, in your completely inexpert opinion, "weed residue" in the property. You would have to demonstrate that the tenants had actually caused damage to the property in order to withhold any part of the deposit, and they would have formal legal recourse if they disputed your decision.

That is why it is illegal not to put your tenants' deposit in the deposit protection scheme, and that is why they can sue you for three times the value of their deposit if you are unable to produce a certificate proving that you protected their deposit at the start of the tenancy. I very much hope somebody points this out to them within the limitation period and you are forced to cough up. It would serve you right.

Good luck with the Airbnb. You'll need it.

Ceci03 · 15/11/2023 14:48

Look it's a tough time to be a renter please do the right thing and give them their deposit in full. I'm old and still renting and you know the worst thing. Not having your own home but living your life in someone else's. Do you know have they found somewhere.
The market is shocking atm

Whiteday · 15/11/2023 14:54

LivFG · 15/11/2023 14:31

Let me say it again, the deposit will be refunded. As such, I can't be accused of being the immoral one or behaving illegally. It's amazing just how this has been twisted so that I am apparently the one in the wrong when the post was about illegal drug use in my property!!

I understand the point about the deposit scheme - and DH has been firmly told to do the admin properly and to make sure in future everything is done correctly. It certainly wasn't an attempt to 'steal' their deposit. We've had 101 things to deal with over the last year.

It is attitudes like some of those shared here that have resulted in the normalisation of illegal behaviours. I find it all very concerning tbh.

Too busy is not an excuse for breaking the law, stop blaming your DH, you're equally to blame!

Disgraceful, illegal behaviour and you should be thoroughly ashamed!

jinglewells · 15/11/2023 14:55

Lots of pearl clutching over what may or may not be marijuana.
Maybe they had swinging parties as well when off their heads on weed or maybe even coke😂
Think of the bodily fluids that could be lurking!
Not sure how you are going to cope with an Airbnb, some of the things that go on in those ......🥴

myotherkidisacassowary · 15/11/2023 14:56

LivFG · 15/11/2023 14:31

Let me say it again, the deposit will be refunded. As such, I can't be accused of being the immoral one or behaving illegally. It's amazing just how this has been twisted so that I am apparently the one in the wrong when the post was about illegal drug use in my property!!

I understand the point about the deposit scheme - and DH has been firmly told to do the admin properly and to make sure in future everything is done correctly. It certainly wasn't an attempt to 'steal' their deposit. We've had 101 things to deal with over the last year.

It is attitudes like some of those shared here that have resulted in the normalisation of illegal behaviours. I find it all very concerning tbh.

Most people who don’t have the moral compass of a Siamese cat are likely to find your behaviour significantly more problematic than that of your tenants.

You’re right that pot is technically illegal, but possession has effectively been decriminalised. Contrary to your belief, there is no prospect of anyone going to prison for smoking pot in their own home. And you don’t even know if that’s what happened - forgive me if I’m wrong but you don’t seem to know the first thing about pot, and you’re condemning your tenants on the basis of some kind of ‘residue’ which might be nothing more sinister than dried herbs.

You, on the other hand, have evicted good tenants so that you can make a cash grab via AirBnB, despite the fact that AirBnBs destroy communities and make it incredibly hard for private renters to access affordable properties.

You failed to protect their deposit, which is against the law. You’re very quick to demand people’s understanding of your ‘poor admin’ while simultaneously condemning your tenants, even though dodgy landlords failing to protect deposits is a much more significant societal evil than smoking pot.

You then considered stealing from your tenants as some kind of vigilante punishment for lifestyle choices you don’t approve of. You’re blaming them for the fact that you have to clean the property even though this will need to be done in between each of your AirBnB guests anyway.

Believe me, your behaviour is significantly worse at every turn than your tenants’ has been. The Karmic justice, of course, is that you’re about to discover just how horrendous tenants can be now that you’re replacing the good ones you’ve had with a revolving door of unknown factors, at least some of whom are definitely going to smoke, drink, do drugs and trash the place.

Tortiemiaw · 15/11/2023 14:56

If I knew the people who were renting I would bloody tell them to take you and your husband to court. 'Never got round to putting it in a scheme'? Unbelievable

jinglewells · 15/11/2023 14:57

RhiWrites · 15/11/2023 14:37

Hands up those who’d rather deal with a bit of illegal weed residue than a landlord who illegally fails protect their deposit and threatens to keep it as punishment. 🤚🏽

This!

Ds888888 · 15/11/2023 14:59

LivFG · 15/11/2023 03:34

We rented to them on more of an informal basis. DH didn't get round to putting it in the scheme (I told him it needed to be done).

What about the fact we'll now need to get it cleaned from top to bottom? Surely this is something the deposit should protect??

That does not wash. My DH was meant to but... the tenant can claim 3 times the deposit. I hope they know this since you want to shit on them.

Sweetchillidumplings · 15/11/2023 15:02

Your illegal act was never putting it in a scheme, doesn’t make a difference if it’s now returned to them, they can still sue - and I hope they do!

LittleBrenda · 15/11/2023 15:03

Tortiemiaw · 15/11/2023 14:56

If I knew the people who were renting I would bloody tell them to take you and your husband to court. 'Never got round to putting it in a scheme'? Unbelievable

So would I.

Perhaps then he would be 'imprisoned'. It's more likely than your former tenants being imprisoned.

His crime is the bigger one.

Shelaydownunderthetable · 15/11/2023 15:03

Your behaviour as a landlord is extremely unreasonable and you should really take this as an opportunity to reflect on it.

Good luck with your air bnb - I feel karma coming on bigtime.

jolaylasofia · 15/11/2023 15:04

are you ok in the head? firstly how do you know it's weed? secondly it's a cat c and most people don't get even a caution for possession for personal use now. you need to get a grip it's not like they used it as a meth lab. loads of people use weed, it's no worse than having a glass of wine.

Cloudysky81 · 15/11/2023 15:04

Slum landlord gets upset because something that could be weed was found....
I hope they take you to court for not protecting the deposit.

TrishIsMySpiritAnimal · 15/11/2023 15:04

LivFG · 15/11/2023 13:50

I'm not sure whether it is sensible to reply as everything I say seems to be twisted against me. This whole situation was completely unexpected, and yes it has upset me. I absolutely hate thinking about what was going on in the property and there is no way I'd ever have allowed this behaviour. I do feel very let down by it all and was incredibly upset yesterday (I still am). I was at the property until midnight cleaning, so contrary to what some may think, I do take cleaning between tenants seriously.

I referred to having to thoroughly sterilise the property because I do not want any other tenants entering and finding an illegal substance!! I certainly don't want them to think that DH or I are the ones who left it - or that we condone illegal behaviours.

As I have now said twice, the deposit will be refunded and I will be doing it today. I still don't think it's right that tenants can engage in illegal activities (for which they could be imprisoned!) and apparently do so without consequence. I wonder how many people here would be happy in a similar situation? But of course it's easy to criticise me.

I agree that the airBnB plan is questionable. I have had words with DH about it again today and have told him numerous times before that I have doubts. I was persuaded by the potentially higher returns, as well as better provisions for any damage or abuse but tbh I expect it will be a nightmare and I'll be the one left to deal with it.

OP when you let someone a property it becomes their home. You are not entitled to tell them how they can behave - and yes that extends to illegal behaviour. You must have to hope they do - which it sounds like they do.

Finding a bit of herbal tea on a sink does not require the whole place to be bleached. I’m not well versed in drugs, I didn’t ever get into drugs but I sure weed residue isn’t a thing

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