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?

Good on you, OP!

You absolutely need to give them all of their money back.
Most of what you have listed is general wear and tear.
Im especially surprised by your final point “the entire home needs decorating.” That’s not their problem- it’s yours.
You gave them permission to redecorate so can’t be miffed about that.
I honestly don’t think you’d have a leg to stand on. It sounds like they’ve looked after the house and made some improvements. You can’t deduct their deposit because of a few weeds.

You’re DH is a jerk if he really believes a tenant should have money deducted.

Give them the full deposit back

Wow your DH is a complete numpty! You have had tenants for 13 YEARS and they have paid rent on time in all that time, spent their own money on the house, looked after it and by the sounds of it, caused you very little inconvenience! £700 is nothing - you’ve saved so much by having good tenants. Seriously, do the decent thing and return their deposit.

So it sounds like you've given them a property with the bear minimum done to it, it hasn't been maintained over the course of the tenancy, they have decorated it and due to a bit of wear and tear your DH wants to keep the full deposit?
It's people like him who give landlords a bad name. Tell him to wise up.

Ridiculous even to think of not returning it for all the reasons pp have said
Show him this thread

I manage a property portfolio and I would be refunding the full deposit under these circumstances. I think it is very unlikely if the deposit is protected that your husband would be able to justify keeping it. If you have had good tenants for 13 years and not carried out any maintenance I would consider yourselves very fortunate.

Yep certainly give it back in full, sounded like they made it homely putting their own money into it, by decorating & new carpets.The garden I think would be yours to keep on top of gardener. . Fair enough they could have weeded the patio. If you are moving someone else in, relative or not, I certainly wouldn’t be spending on new carpets, just get a rug doctor from the supermarket, highly recommend them. They could be worse than your previous tenants. At least they gave it a once over before moving out - more than most people who don’t give a shit!

I've been a landlord for the last 20 years and most of what you describe is wear and tear which you can't withhold a deposit for. If the carpets were very poor when they moved in they could have asked you to replace them and I'm sure it would have cost at least £700. I know £700 is a lot of money but I'd have been so happy to have had good tenants in a property for 13 years that I'd be very happy to give them it back.
I think your husband is nit picking and being unreasonable - tell him that the process of disputing returning all the deposit is a total pain. I did this and was awarded most of the money I'd asked for but it took weeks of toing and froing and the mediator constantly got things wrong - and the tenant lied, it was so stressful. And I had loads of phototgraphs to prove the state of the property when they moved in which I doubt you have. Pay up and smile!

My friends works for a inventory company and after 13 years the house would be expected to be redecorated (new carpets and paint) so if he does try and take it from the deposit they will contest, and you will probably end up paying for someone to come round and say no to holding the deposit.

wow, your bf is a cf for wanting to keep the money. You didn't decorate before they moved in. Decorating before each new tenant is standard, and it's completely insane that he wants to retain money for the 'scuffed' wallpaper THEY paid for? Greedy.

Give the money back to the people who paid rent for 13 years!!!!!

Your husband has had a free ride and still wants more. He must be a Tory.

@RedPepperGreenStepper I couldn't share my life with a man like your husband. I hope you have separate finances.

Return full deposit.

This. You haven't prayer anyway if you haven't a) handed over property in pristine condition and b) inspected regularly.

It's just going to leave a bad taste on an otherwise good arrangement. Sounds like they've done the upkeep so you didn't have to. You've been very lucky and it should have cost you more than £700 over the years to keep the house up to the requirements.

Landlord here. Tenants aren’t expected to replace fences. The tenants have gone above and beyond already. As a pp said, the only thing technically if the tenants hadn’t sought permission / were expected to make good is removal of the wallpaper. Anyway op said this is resolved.

Unless there was an expectation to keep neutral decor in the contract in which case they should have painted the wallpaper.

But you got new carpets out of it...

Landlord here - your husband cannot expect ‘betterment’ ie property returned in a better condition taking into account fair wear and tear. On change of tenancy a good landlord would redecorate and renew carpets anyway. Depends what’s in your tenancy agreement but you would struggle with pipe, fence etc and deposit protection are highly unlikely to find in your favour based on what you have detailed here. Be grateful that you’ve had good tenants who’ve looked after your house for so many years which has no doubt increased in value along the way. On the flip side of letting, I could tell some stories that would make your hair stand on end!!

The second your husband mentions keeping their deposit i would be countering with an invoice for 13 years worth of labour and costs for maintaining and decorating your house for you. My guess is, once you factor in the fencing, wallpapering, general maintenance which YOUR husband has neglected to carry out you will owe them thousands...... Careful what he wishes for.

Be kind, it's £700 give it back! they've lived there for years then had to leave. Be grateful at least they didn't trash the place. Go on be nice

Exactly!! Agree

It's not being 'nice' or 'kind' to not steal someone else's money!

They have spent a lot of money on your property, give them the deposit