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?

Albeit he doesn’t “see what the fuss is about”.

What does he know about being a landlord, exactly?

He can feel free to challenge us on our knowledge when he knows what TF he is talking about.

Arrogant preek.

@RedPepperGreenStepper

Well done OP.

I hope he's not as mean, greedy, ungrateful and unreasonable in everyday life.

Your husband is acting immorally.

The right thing to do is to give them their deposit back. They'll be awarded it back anyway.

Albeit he doesn’t “see what the fuss is about”.

Thieves and shitty landlords often don’t see what the fuss of following the law is all about

Quite.

I'm a landlord and I definitely would give ot back. Wear and tear over the years is expected, so not the fault of the tenants for simply living.

If you were really bothered, you could deduct the fence panel but, morally, I personally feel that if there's been a good relationship and no malice with small accidental issues, just return the deposit and you'll feel good :)

Amazed this was ever a question- of course the deposit should be returned in full and I’m glad to hear your husband has agreed to do so now.

He's being totally unreasonable trying to make the tenants pay to get the house ready to sell! You should have been paying towards maintaining the house while it was rented out. Reasonable wear and tear is not a valid reason to keep deposit money back.
They should get their full deposit back for sure

They've saved you thousands. Literally thousands. And no stress. No advertising, no repainting no long and protracted fight to get them out.
You should up it to a grand and send them a bottle of champagne.
Your DH is vile tbh. Does he bring this money pinching miserable tightness to your relationship? It's such a miserable, miserly Outlook he has. Does he bring you any joy?

So your husband is basically trying to pass on the upgrades and repairs that the house naturally needs after 13 years to the tenants?

Classy...

This is just normal wear and tear and your husband is a good illustration as to why landlords in general get a bad reputation.

Yes, your DH is unreasonable.

I became an "accidental landlord" of my much-loved family home. I spent a huge amount (10s of 1000s) doing a thorough renovation with a view to making it as bomb proof as possible as a rental property. I use an agent to manage it, and try to keep on top of repairs etc.

It's a sad truth that tenants can be hard on houses - I know my current tenants have broken stuff I managed not to break in the 10 years I lived in the (unrenovated) house. But still, it is wear & tear, and the things you list are wear & tear over 13 years of a rented property.

£700 won't touch the sides of a thorough redecoration etc of the house, so why is your DH so utterly mean after your tenants have done their best ? (although wallpapering in Peppa Pig is pretty awful - they shouldn't have done that)

If the wallpaper is solid, just paint over it with a nice neutral colour. Probably two coats to stop Peppa bleeding through!

Hang on, you kicked them out so a family member could move in for a few weeks and then you're going to remarket? Are you increasing the price by any chance?

Landlords deserve the reputation they have!

I've been thinking about this and I am genuinely shocked that someone could have been a landlord for thirteenth years. Received thousands and thousands in rent over that period.

And done no decorating or maintenance in that whole period.

And doesn't seem to have any awareness that they've done something wrong

No... if you read the OP.. and clarified further in the last post from them...

They're doing it up to sell. A family member will be living there (presumably to oversee the doing up etc as it is far from where the OP lives) whilst that happens.

For work I often deal with helping Tenants get their deposits back.
The ONLY thing I might argue is that they may be liable to pay for removal of the wallpaper. Of course it depends on the Contract but in general decoration by the Tenant must be reversed when they leave - so the walls returned to their original colour or a neutral colour.
Having said that I probably wouldn't in this case

Glad to see the update OP. As a landlord, it's your responsibility to maintain the house to a liveable standard. Normal wear and tear is expected, and after 13 years (and with it not in a great state to start with), all the things you mention would fall under that.

I know, they've just been handed £110,000 (assuming deposit was equal to 1st mths rent and they haven't put the rent up in 13 years) and a house which they still have, and yet are now he's trying to steal money. Shocking.

I think LLs who spuriously attempt to withhold deposits should have to pay compensation to the tenants for the stress.

I also agree with you OP. If anything the tenants seem to have been nice in not bothering you for repairs.

After a 13 year tenancy any landlord should expect a bit of sprucing up and repairs.

It shouldn't have even gotten to the stage of it being an issue or having many rows about it - why couldn't you just insist?

As a landlord, I agree. A percentage % added, for ridiculous claims and holding up the process.

The poor tenants!

Experienced landlord here.

You need return deposit in full. I hope it's fully protected. They have every right to remove the improvements THEY made to the house. There are so many regs and responsibilities for landlords that it sounds like your DH is not aware of. What you have described will be in favour of the tenants.

As a LL I’d be happy with that. Deliberately trying to steal money should face a consequence

Your husband is an awful man.