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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:
Nanaof1 · 15/07/2024 08:01

RedPepperGreenStepper · 14/07/2024 15:57

Yes I do think DH is seeing the deposit as a basis for improving the property once the tenants have moved on.

Myself OTOH, feels DH is being very unreasonable. I felt terrible serving S21 as the tenant had just had a baby and I know that the deposit will be a relief for them.

Show your vile and petty NVDH this thread.

In cases like this, when a LL does something like he wants to do, there should be a fine levied against the LL for wasting official's and ex tenant's time.

Redflagsabounded · 15/07/2024 10:07

How do you live with this man? He's a nasty piece of work.

zingally · 15/07/2024 10:41

It sounds like they're treated the place really well.

Your DH hasn't a leg to stand on if they dispute it. It all sounds like very normal wear and tear.

ClematisBlue49 · 15/07/2024 12:01

Given that £700 is worth a lot less than it was 13 years ago, and they have been such good tenants, I would be giving them some extra cash as a goodwill gesture. I'm not a landlord, but it seems odd that there is no account taken of interest that might have been earned on the deposit.

Itsmecathy87 · 15/07/2024 17:53

RedPepperGreenStepper · 14/07/2024 18:54

I haven’t read the rest of the thread yet, but I did send the link to DH, who has now agreed to refund the deposit in full. Albeit he doesn’t “see what the fuss is about”.

To those criticising us for serving S21 after the tenants had a baby; to clarify, we did not know about the baby until AFTER the S21 had been served. We do not have much contact with our tenants as we live so far away. We did give them plenty of time to find somewhere and would never have pushed it if they had needed more time. They went willingly as they had also been considering that they needed a larger place.

We are also not replacing the tenants. The family member is moving in very temporarily whilst his own home is renovated. Weeks not months, the house will be marketed quickly.

I wholeheartedly agree that DH is being a prize pig. I posted because I could not understand his motives and the responses prove he’s being unfair and mean.

The tenants will be refunded their deposit and rightly so.

You are a very decent person! Well done for standing up for what is right!

clarehhh · 15/07/2024 17:54

Asking them to replace their own fence!!! Serve him right if they took it with them.

Exdonkeylover · 15/07/2024 18:00

House would have needed redecorating if they hadn't done anything themselves. Plus they may have demanded a lower rent if it was in a poor state.

There's going to be natural wear and tear in a house.

They deserve their deposit back.

laylababe5 · 15/07/2024 18:01

The majority of this is fair wear and tear and definitely not grounds for making any deductions from the deposit. You've had good tenants for 13 years, have lost no rental income, and it sounds like they looked after the place reasonably well. Be decent in return and give them back their deposit.

Mrsgreen100 · 15/07/2024 18:13

Landlord here, so basically you haven’t redecorated for 13 years or done anything else
be glad you have had such a long run with no expenses,
madness to hold back anything deposit wise

Yoonimum · 15/07/2024 18:27

Your husband is an aresehole. They've looked after your property for 13 years and he wants to penalise them for normal wear and tear which should be your responsibility.

Whatthebarnacles · 15/07/2024 18:39

They've clearly loved and looked after the home, treated it like their own.

Serving a S21 is forcing them to leave which is a huge expense. You can't expect them to fork out in redecorating in a neutral pallette for your benefit, or replacing a fence panel that they paid for in the first place and someone else will get to benefit from etc. You absolutely should return the deposit. Especially given they've been there so long. Its not like they're choosing to leave.

It's quite upsetting actually that tenants so respectful of your property are being penalised (by DH, financially) and judged (by DH) for making it a family home.

Whatthebarnacles · 15/07/2024 18:43

I'd just like to add that after 14 years, we've just been served ourselves as landlords are now elderly. We've brought up 2 children in the home and truly love this house. One of the first things I asked was do we have to paint everywhere before leaving etc.. my lovely landlord's response..? "Good god no, that's on us! We're just sorry you're not in a position to buy and that you have to leave. You've been excellent tenants and the home is clearly well loved". So maybe show your DH my messages and see if it changes his tune.

croydon15 · 15/07/2024 18:51

The tenant bought new carpets, decorated,.put up a fence l think that not only should you refund the deposit in full you owe them quite a bit of money

ASongOfRiceAndPeas · 15/07/2024 18:59

After 13 years that comes down to wear and tear. He is BU

howrudeforme · 15/07/2024 19:00

Give deposit back. Tenants sound amazing and actually upgraded the property.

GoldEagle · 15/07/2024 19:17

Has your husband never heard of wear and tear? Is he always this stingy?

Owl55 · 15/07/2024 19:21

PY them back the £700 he is unreasonable.

eurochick · 15/07/2024 19:26

So you've had around £80k in rent, paid out very little to maintain the place and had good tenants who have decorated and improved the property (eg the fence) at their own expense. Pay them the deposit back. I can't see that the deposit scheme would side with the LL on the points you raise anyway.

Chimen · 15/07/2024 19:38

Your ‘D’H is a prick for even suggesting to keep some of the deposit.
Youve owned the house 13 years problem free. With no voids and the property in better condition than before.

Give the deposit back and write a glowing reference.

Flopsythebunny · 15/07/2024 19:50

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?

Your husband should be ashamed of himself. trying to scam tenants like this should be a criminal offence

Toptops · 15/07/2024 20:04

Of course you should return their deposit in full. You were lucky to have lovely tenants for so long.
All these items are fair wear and tear.
I'm glad your husband isn't my landlord. Is he always so mean?

Labourdayz · 15/07/2024 20:06

YANBU! Very mean spirited, what did he expect them to do? Redecorate in full? Would you have paid for that?
This would give me the ick.
You’ve been incredibly lucky with those tenants.

Thalia31 · 15/07/2024 20:09

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?

No good deed goes unpunished. Is that really the type of man you want to be married to? He is a twat return that deposit immediately

JournalistEmily · 15/07/2024 20:11

Give it back!!! Your other half is being v unkind. Thirteen yrs with no problems and they did all that work. My mind boggles at the pettiness of this!!

Wouldprefertobereading · 15/07/2024 20:23

Definitely give it back. Your husband is wrong and is being very unfair.