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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:
DiduAye · 16/07/2024 17:08

Your DH is an example of the worst kind of arsehole landlord His chances of getting sided with if he tries to deduct from deposit are Zilch Furthermore is the deposit in a scheme ? If not that's illegal

sassyclassyandsmartassy · 16/07/2024 19:12

I am a letting agent, have been for 20 years, return the deposit because if the tenants take it to dispute the deposit company will side with the tenant under fair wear and tear!

sunshinemode · 16/07/2024 21:32

And this is why people hate landlords. You have not decorated the property in 13 years and yet your DH expects it to be in pristine condition. The property should have been redecorated and paid for by you. Your DH can't complain how they decorated as permission was given.
Has nothing broken in your own house in 13 years?

PepperRed · 17/07/2024 17:59

Wear and tear

haveacat · 25/07/2024 16:34

I was thinking that maybe you should be paying them for the cost of the improvements they have made, not deducting anything. Depending on the size of fence they put up, that could be close to £1k. My daughter rents, and when she decorated/made improvements, she did them in lieu of a month's rent.

PeriIsKickingMyButt · 25/07/2024 16:49

Jesus your husband is a scumbag! He'd never have succeeded but the fact that he wanted to is disgusting

Maddy70 · 25/07/2024 16:53

Return in full. Dont be twats

mouseyowl · 27/07/2024 09:20

Your DH is an absolute arse (ex-'accidental' LL here).

A) what he is proposing is immoral and completely unfair
B) also illegal

He sounds thick, lazy (hasn't even bothered to google the law) and he sounds completely devoid of the normal amount of humanity/ethical standards as witnessed by all the responses on here.
I hope he's not in charge of anything else in your lives!

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