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Should we return tenant’s deposit in full?

383 replies

RedPepperGreenStepper · 14/07/2024 15:41

DH’s mum passed away unexpectedly 13 years ago. We became unintentional landlords as it was the best option at the time.

We struck lucky with lovely tenants who made it their family home and lived in the house for 13 years; they have three DC and two cats. Due to a change in our own circumstances, we served S21 a few months ago and the tenants have already moved on.

We now need to return their deposit of around £700. However, DH wants to make large deductions , whereas I believe we should return it in full. The deposit it protected so DH will not make the final decision if the tenants dispute it.

The house was not decorated or professionally cleaned prior to the tenants moving in as it was rather rushed from both sides. We live hundreds of miles away so we have never inspected the property, but have arranged repairs when necessary.

The tenants have (with permission) and at their own expense:

*Replaced all carpets
*Decorated the rooms (one is wallpapered in Peppa Pig, the other is Zoo themed, so it’s not neutral decor).
*Re-decorated the hallway, stairway and landing in a neutral colour way
*Fenced off the yard (it was an open yard when they moved in).

The house is now looking tired but it is generally clean and tidy and has been looked after as a family home.

DH reasons for deductions:

*The wallpaper and paint is scuffed in quite a few places around the house (the wallpaper the tenants added).

*Theres a cracked patio slate in the yard.

*There’s a crack in part of the pipework under the utility sink (the tenant said this was present when they moved in but as they rarely used the utility sink, it wasn’t a problem. They did say it has widened over time and will now leak slightly if it is used).

*A fence panel needs to be replaced (this was the tenants fence) .

*There are weeds growing through the patio in the yard.

*The flooring joints have weakened and there are now sizeable gaps in the flooring (basic laminate).

*The entire home needs redecorating.

We are planning to move a relative in to the home temporarily before we sell next year and it will need some work. However, I do not agree with DH that this is the tenant’s issue and I worry he is going to sabotage our good relationship with our tenants over a small amount of money.

None of the issues were intentional damage as is clear from the way the house has been left. The tenants cleaned before they left and removed all rubbish. I’m concerned we’re going to pay out more to dispute this than to just return the deposit.

Thoughts?

OP posts:
FourToTheMFingFloor · 14/07/2024 15:43

It sounds to me like they basically took a problem off your hands for 13 years; he should definitely give the deposit back. For the sake of £700 it doesn't seem worth the headache, and they've likely improved the value in their time anyway.

Watto1 · 14/07/2024 15:44

All of those things sound like fair wear and tear to me so I’d return the deposit in full. Your dh can’t expect the house to be in pristine condition after 13 years.

StrawberryPi · 14/07/2024 15:44

None of these are reasonable deductions, the tenant would and should dispute so there is likely no point in even trying. Plus it would be a pretty mean spirited end to what sounds like has been a good relationship over many years.

Redflagsabounded · 14/07/2024 15:45

That's all acceptable wear and tear, which can't be deducted.

Penalising them for their own improvements getting a bit old (fence) is outrageous. They could just remove the whole fence if he'd prefer? In what way does he think they're responsible for the flooring joints or pipe - landlords need to do regular maintenance.

Honestly, he sounds like an absolute shit.

gamerchick · 14/07/2024 15:45

Your husband's a prick. They did you a favour really and have been booted out as a thank you .Bet he's been on one of these landlord forums that talk about ways to keep deposits.

BIWI · 14/07/2024 15:46

Your DH is both mean and petty-minded. All of these things sound like wear and tear.

catherinewales · 14/07/2024 15:46

13 years I wouldn't. I'd say it's wear and tear. If it wasn't great when they moved in, what was he expecting back? I think you've had enough money off them over the years and they've spent enough for themselves to cover what was wrong with it xx

Sheelanogig · 14/07/2024 15:46

How much maintenance have you done inthe 13yrs they lived there?

I would return the monies in full.
You've had good tenants for 13yrs.
It wasn't a show house when they moved in.
They haven't destroyed the place.
The damage you describe is to expected after 13yrs.
Weeds - you cannot deduction for weeds.
They cleaned up when they left.
They sound totally decent. Your DH sounds right tight.

cansu · 14/07/2024 15:47

You have not decorated the property in at least 13 years and he wants to make deductions!! He is beyond ridiculous.

Treacletoots · 14/07/2024 15:47

Landlord here. Your DH is a dick.

Of course you don't deduct anything. It sounds like you've actually benefitted from them being in the house not the other way round.

Honestly. Try having a tenant who really does trash your house.

gamerchick · 14/07/2024 15:47

I think I'd be telling husband that if he even thinks about keeping their deposit, you're going to encourage and back them in desputing it.

cansu · 14/07/2024 15:48

Also given that the fence belongs to them they could remove all the panels.

MyPetLip · 14/07/2024 15:48

Is your husband always such a tight arsehole?

I'm a LL and I'd be returning the deposit in full, immediately.

imnotsickbutimnotwell · 14/07/2024 15:48

Your DH sounds grabby. Give them the full deposit back. They would not be reasonable deductions.

Suitcasesthree · 14/07/2024 15:48

I'm no good at maths but if they were paying £500 a month in rent, they've given you almost £80k. Yet he is quibbling re £700. Hmm.

PortiasBiscuit · 14/07/2024 15:48

Give them their deposit back, don’t be that landlord..

Treacletoots · 14/07/2024 15:49

Not a chance in hell that the DPS will side with your DH BTW, so he can try all he likes.

BeachRide · 14/07/2024 15:49

I hope you're seeing your husband in a mean new light. What a miserable bastard. Don't dispute anything, and be grateful you have the financial security of two bloody houses.

yeesh · 14/07/2024 15:49

Agree with everyone else, those are not reasonable deductions and your husband sounds like an arsehole

Alicewinn · 14/07/2024 15:50

No return it in full

KievLoverTwo · 14/07/2024 15:50

>Thoughts?

Other husbands are available. Good lord.

RedPepperGreenStepper · 14/07/2024 15:50

I’m pleased to see everyone is in agreement with me; it has become a topic of contention in our household.

We have not maintained the property at all other than repairs when these have been necessary . We’ve simply arranged and paid for repairs and that is it.

OP posts:
anon2022anon · 14/07/2024 15:51

I'm fairly sure you would fail in dispute for all of those anyway. The tenant would 100% not be responsible for any redecoration for flooring after 13 years, as you only get a % deduction for a reasonable amount of years, i.e. decoration is expected to last 4-5 years, carpet maybe 4 years, anything longer than that is classed as expected wear and tear. So you would be putting you and them through it for no reason. Things like the cracked pipe/ slab, can you prove they weren't broken when they moved in, through pictures or inventory, or that they're not wearing and tear? As it just sounds like normal usage has caused it.

www.tenancydepositscheme.com/wp-content/uploads/2024/01/A-Guide-to-product-lifespans.pdf

Redflagsabounded · 14/07/2024 15:51

Agree DPS will side with the tenants as this is all very unreasonable. AND you'll have your ex tenants sticking needles in voodoo dolls of you.

Is your DH normally this nasty? It would really affect my opinion of him, if he were mine.

SweetLittlePixie · 14/07/2024 15:51

Sounds like normal wear and tear. Dont think you would have much of a chance if they dispute it.
Not worth it.