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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:
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5
Rachel0405 · 16/11/2023 14:32

Haha. Good luck with your air B&B rentals. I can guarantee you will find a lot worse than suspected weed reissue, whatever that is, in between visits!

squirrelnutkin10 · 16/11/2023 14:34

Op sadly you give good LL a very bad name.

Of course your tenants should not be smoking weed in the property but welcome to the real world, and realistically it has not caused you any problems as they have left. (In between tenancies you should be doing a professional clean regardless, and possibly a redecorate.)

However you have broken the law in regards to not protecting the deposit, which makes me wonder if you did all the other legal requirements:

wired smoke alarms, tested at the beginning of the tenancy?
CO2 alarms in all the correct locations, and tested annually?
Legionaires assessment if you have a hot water tank?
Annual gas safety check and service?
ECIR electrical assessment and all faults repaired?
Right to rent booklet passed to tenant (latest edition only) at beginning of tenancy?
Legal AST?

There are more requirements too...but if you have not correctly done any of the above your tenants could be looking for more than their deposit back.

Sub market value rent is not the point.

As a PP said

You acted illegally. They can now claim up to 3 times the deposit because you didn’t protect it, and they have up to 6 years to do this.

Air BnB requires a professional attitude and is not a quick buck exercise, it is actually hard work to do well..think carefully.

annahay · 16/11/2023 14:36

As the landlord you have broken the law by not using a deposit protection scheme.

Notmetoo · 16/11/2023 14:37

You are being very unreasonable.
Also if you are so worried about the possibility they may have been using weed while renting from you I don't think you should rent it out on Airbnb

Smurphy99 · 16/11/2023 14:38

This is absolutely hilarious and has to be a joke. You’re not renting a house to Pablo Escobar, it’s a young couple who’ve had a joint for gods sake. Imprisoned? Absolutely not a chance. On a drug dealers radar? Don’t be so ridiculous. You seem so out of touch with society and you seem like a nightmare landlord. Legal repercussions because someone had a few spliffs. They probably had them in the garden as well so sterilising anything just because it MAY have traces of cannabis (a PLANT) on, is absolutely just bordering insane. You need mental help

PinkRoses1245 · 16/11/2023 14:41

For all I know, they’ve been taking illegal drug deliveries and the address will now be on the radar of drug dealers.
You are hilariously naive to the real world. You know a lot of people use drugs in small quantities in their homes, and the police will never care.

CitizenofMoronia · 16/11/2023 14:42

unless there is a farm at the bottom of the garden the police wont be interested, you HAVE looked in the attic and bottom of the garden haven't you???

UnicornMadeOfPinkGlitter · 16/11/2023 14:44

I’m really not sure how you have proof this is residue from cannabis? It could have been compacted mid/earth if you’re talking resin or could have been a ripped teabag/spilt herb jar when packing if weed?
I have regular drug awareness training as work in a high risk job. I don’t smoke it but also don’t have an issue with someone smoking the odd joint if that’s what they want to do as long as they don’t drive or endanger others.

but you have acted illegally. You have rented out property illegally, not protected a deposit and threatened to withhold a deposit.

I hope your ex tenants see this and realise they can sue you for not protecting the deposit.

also good luck with the air bnb you might have a lot more issues, friends have gone back tk a long term tenant in a seaside town as fed up of people hiring for hen or stag parties, or just parties. People leaving a lot of mess, gross things like used condoms and actual drug paraphernalia.

Blueflower1612 · 16/11/2023 14:45

You will face no ramifications. It has not been abused. And it will not need cleaning head to toe. You sound like a complete drama queen.

annahay · 16/11/2023 14:45

You’re not a good landlord. You have failed to carry out your legal obligations.

SDTGisAnEvilWolefGenius · 16/11/2023 15:00

Blueflower1612 · 16/11/2023 14:45

You will face no ramifications. It has not been abused. And it will not need cleaning head to toe. You sound like a complete drama queen.

I slightly disagree, @Blueflower1612 - @LivFG should be doing a full top to toe clean, but not because of the oregano - sorry, weed in the kitchen, but because she should do a proper clean before the next renters come in, whether they are long term tenants or Air BnB clients.

An end of tenancy clean should be more than a quick wipe down - if one is a decent landlord with professional standards.

Imnotswallowingthat · 16/11/2023 15:08

I am absolutely 100% certain , what with the OP's DH being so efficient at the admin side of things, that they have declared all income from renting out this property and paid the appropriate income taxes. No doubt this will also be the case from their Airbnb venture.....

Crikeyalmighty · 16/11/2023 15:12

Let me give you a few tips OP if you rent out again

We've been renting very nice homes for 21 years - middle to high end and here's what I usually get - sometimes more with the 'posh corporate ' agents

A full dossier when I move in with current utility suppliers, meter readings, pictures of every room , full inventory by a professional of every room

Gas safety certificate, usually done in that week

Electrical safety certificate

Full professional clean including curtains and carpets

A folder of manuals for cooker, boiler, washing machine, alarms etc

A copy of contract and an inventory for me to check and send back with any comments

A list of approved emergency contact numbers for agents, plumbers, electrician etc (agent is first call unless it's total emergency out of hours)

Print out of bin collection dates for the area

Occasionally a bottle of wine and a card too!!

And finally an email once money lodged with deposit scheme and my access code.

PaterPower · 16/11/2023 15:17

I do think you’ve been a little OTT / over dramatic on the “illegal activities” you think have occurred in the house, but I can see where you’re coming from. I imagine my Mum’s attitude would be similar to yours.

But if cannabis use (assuming that’s what it was) has upset you this much then I agree with PP that becoming an AirBnB host will not be something you enjoy at all.

Do you intend to do the cleaning when it’s rented on short lets or are you intending to employ a cleaner? If you’re doing it, be prepared for a lot worse to come.

QueenBitch666 · 16/11/2023 15:24

SerafinasGoose · 16/11/2023 12:09

This thread belongs in 'Classics' with the Mexican house thief.

How the hell do I find this in classics?! Just spent 20 minutes scrolling through Grin

Jordy223451 · 16/11/2023 15:30

Not for "grass" or "resin" or any of the smoke able types

WillowCraft · 16/11/2023 15:31

squirrelnutkin10 · 16/11/2023 14:34

Op sadly you give good LL a very bad name.

Of course your tenants should not be smoking weed in the property but welcome to the real world, and realistically it has not caused you any problems as they have left. (In between tenancies you should be doing a professional clean regardless, and possibly a redecorate.)

However you have broken the law in regards to not protecting the deposit, which makes me wonder if you did all the other legal requirements:

wired smoke alarms, tested at the beginning of the tenancy?
CO2 alarms in all the correct locations, and tested annually?
Legionaires assessment if you have a hot water tank?
Annual gas safety check and service?
ECIR electrical assessment and all faults repaired?
Right to rent booklet passed to tenant (latest edition only) at beginning of tenancy?
Legal AST?

There are more requirements too...but if you have not correctly done any of the above your tenants could be looking for more than their deposit back.

Sub market value rent is not the point.

As a PP said

You acted illegally. They can now claim up to 3 times the deposit because you didn’t protect it, and they have up to 6 years to do this.

Air BnB requires a professional attitude and is not a quick buck exercise, it is actually hard work to do well..think carefully.

Only about half of those are legal requirements (although it does vary in different council areas)

Also I have never moved into a spotlessly clean rental. They vary between filthy with drug paraphernalia everywhere to the quick wipe, hoover and air freshener (but with shit encrusted under the toilet seat). They do always try to deduct money for cleaning though, however spotless you leave it

Uokhon · 16/11/2023 15:46

Is this a joke? This must be a joke.

Helena91 · 16/11/2023 15:54

YABU.....and breaking the law.

WeeMary · 16/11/2023 15:59

What an arsehole you are. Not only are you a criminal re landlord legislation but you are looking for ways to steal from your former good tenants. Hope karma gets you.

SimplyDiana · 16/11/2023 16:10

Jesus, OP.

Given the choice, I’d rather associate with someone who smokes weed casually (and you have no evidence your tenants did) than a rogue landlord who doesn’t protect deposits and kicks tenants out so they can pursue a greedy Air BnB dream.

You want to brace yourself for the day you find cocaine residue in a whole host of bizarre places. Your cleaning bills and anxiety levels are about to rocket.

HelenTherese2 · 16/11/2023 16:16

You can’t withhold their deposit. You are actually lucky to have such good tenants by the sound of it. What a shame.

Also how do you know what it is?

Also I’m not sure you will like having an Airbnb…

Nambypambypoo · 16/11/2023 16:18

You should be cleaning it top to bottom anyway for a new resident. I think you are being completely over the top and I don’t even like drug use or support it myself.

NickL22 · 16/11/2023 16:22

Oh come on, what lifestyle are YOU funding? It's their money! Just because you disapprove it doesn't give you the right to keep their deposit if your property is in good order. Get over yourself 🙄

CandyLeBonBon · 16/11/2023 16:51

I don't think OP will be returning somehow!

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