Should we return tenant’s deposit in full?

[RedPepperGreenStepper]

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?

Give the deposit back in full without further delay. Everything you describe is wear and tear or your responsibility that's not been maintained (water pipe, patio slab).

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

Wear and tear

*Theres a cracked patio slate in the yard.

Possibly caused by freeze thaw weathering in the winter. A natural phenomenon not tenants fault

*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).
Mentioned on move in ininventory??

*A fence panel needs to be replaced (this was the tenants fence) .
Potentially caused by bad weather again not tenants issue unless she is god .

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

Again natural!

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

Wear and tear

*The entire home needs redecorating.

Wear and tear

By your own admission you've been hands off for 13 years. Being a landlord costs money at some pint

If someone wanted to charge me for a broken fence panel in a fence that I paid to have fitted I would be turning up and removing every single fence panel that I paid for purely to be difficult!

You are awful people and the deposit scheme won't let your parasite husband steal money from this family anyway.

As a landlord you would expect to decorate every 5 or so years. They have saved you a fortune. Tell your DH to give them it back or you’ll do it yourself.

The Op has already said that if her husband refuses to give them the deposit back she will give it them from her own savings so she's not an awful person.

Moving a relative in needs the protection of an agreement for them and you. @RedPepperGreenStepper what's your long term plan for the property?

Your husband should be thanking his lucky stars that your tenants left when invited to do so.

I’m having to go through the eviction process with tenants of mine as my property is being compulsory purchased. They need social housing because of their circumstances so, despite not wanting to, are having to go through the full eviction process. It’ll likely cost me around £2000 in the end.

That’s something every landlord should factor into their budgets. That they left, shortly after having a baby, with no quibble is something to be bloody grateful for!

I'm not saying this lightly, your husband is a cunt.

Your ex tenants are not a cash pot for your DH to make repairs which are wear and tear. Put simply he won't win but will cause significant stress on your ex tenants.

I agree with you show him the thread! In a past role I used to give housing (and deposit advice to people).
Having to make repairs before you sell is pretty standard.

In the US, after a 13 year tenancy, would be considered "normal wear and tear." Tell your DH to give them back their money.

I am a landlord and would give the deposit back. As you didn't inspect, you will not have a leg to stand on. Everything you list is wear or tear or not the responsibility of the tenant to maintain. MAYBE the wallpaper, but if I had a good tenant for 13 years Id definitely let it go. You'll need to do some work, so the wallpaper is minor. They sound like very patient tenants that you have not looked after.

Absolutely your husband is unreasonable. He’s had 13 years of rent out of a family and is quibbling over £700 when it sounds like there has been reasonable wear and tear and they have actually improved aspects of the house. The house will have gone up in value in all that time too.

In 13 years he’s done nothing to improve or update the house for the tenants past necessary repairs. In your own house you will surely expect scuffed paintwork or a cracked flagstone or broken fence panel in over a decade. What a Scrooge he is.

Christ. We came back from overseas after an agreed short term let to find holes in the wall, drug dealers in and out all day, broken windows and a smashed in door. Count yourselves lucky!

Your DH is a twat. You have done nothing on the property for 13yrs and he thinks it looks tired?

That all sounds normal wear and tear as others said, they were good tenants for 13 years, they even improved the property with new carpets and fences…why create a fuss over weeds growing in the patio and a peppa pig wallpaper?

Sorry OP your husband sounds greedy.

Your dh sounds like a slum landlord. You both didn't pay for any redecoration or replacement of flooring in 13 years and he wants to keep the deposit totally unacceptable

Wow he sounds like an awful person! After 13 years of course things are going to get scuffed and to charge them to fix things that needed to be there in the first place that they had to pay for is crazy. greedy and self entitled and ungrateful

If anything it sounds like you owe them money not the other way around! It would be embarrassing to make any kind of deductions. Not sure where he's got his ideas from?!

Your DH is exactly the sort of landlord which gives private rentals a bad name. You’ve done nothing in 13 years and he wants to keep their deposit for wear and tear to things they’ve paid for!!! He’s having an absolute laugh.

If my DP said this I’d be reveaulating what sort of person he was!

Shouldn’t the purchaser deal with the eviction for the compulsory purchase?

I'm just adding my name to say that your husband is being a complete idiot. For all of the reasons others have given.

You deduct from the deposit for BREAKAGES that need repairing, LOSSES that need recovering, or DAMAGE that they have caused. With the exception of the weeds, which arguably the tenants would be in charge of keeping on top of, all the things you have listed are continuous, normal wear and tear on the property, which have got as bad as they have through you being too lazy to do a proper job at maintaining the property. Do not deduct a penny for your own laziness.

To
the OPs DH who is likely reading this now, 💯 of contributors to this thread say you should give the deposit back and about 75% also think you’re a greedy twat 😄 - I agree.