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?

So you served an S21 when they'd just had a baby when in fact you are intending to move someone else in? So really no reason at all to evict other than whim. And now he wants to steal the deposit. Various posters asking you how does he treat you? If you are too frightened to insist he repays deposit?

Your husband is a money grabbing dick, I’m afraid. Glad you don’t agree with him.
Edited to say - you’re evicted long standing great tenants when they’ve just had a baby? Wow.

I assume the deposit is in a proper scheme? Otherwise you could be paying them a lot more than THEIR £700 back

Out of interest, is the deposit no more than 5 weeks rent? As you'll no doubt be aware, the tenants fee act banned any deposit over this amount for new tenancies

I actually refunded my tenants the difference when this became legislation.

give it back... theres been 13 years of wear and tear in that house, they have replaced carpets for you, done loads of stuff to that house which really YOU should have done.

and you've kicked them out on the street so you can let a family member live in it?

shame on you

You don't sound like great landlords, not doing any routine maintenance. Now your tight fisted husband wants to penalise them for that? What a horrible man.

Who is actually responsible for signing off the return with the DPS?
Feelings aside, Your DH is on the wrong side of the law if he makes all these deductions without any proof.
Your returning it by a side channel, with your own savings isn't going to help matters they can still dispute it. It will end up costing a lot more.

You might be better off paying for 30 mins with a solicitor or similar to knock some sense into him.

No smart landlord would ever evict such a wonderful tenant. He's not just a dick, he's incredibly stupid too.

yep.. landlords of the year eh

I am a landlord and under no circumstances would I deduct a penny. For 13 years they paid for items you should be providing.

After 13 years thats reasonable wear and tear and if they dispute it they'll win and your husband wins nothing except being a prize dick for adding unnecessary stress on a family who have just had a newborn and were good tenants for 13 years.

I'm glad you are more reasonable and sensible than him.

General wear and tear

^^ Came on to say this.

They sounded like perfect tenants.

13 years! Well they did a brilliant job. Wear and tear is normal. Give £700 back and be thankful they did a lot of the work.

The DPS will make the decision. He won't get near that money.

I had one tenant who destroyed all the carpets in my house, and despite full photographic proof the DPS still sided with the tenant.

He can try all he likes, he's on a hiding to nowhere.

All of what you describe is general wear and tear. If you offset what they have spent on general maintenance (because you didn’t bother) you probably owe them!

I

In thirteen years, thirteen. The normal expectation is that you as the landlord would have completely redecorated at least once, including new flooring.

Have you genuinely done nothing at all?

Wow - scuffed paintwork and wall paper on rooms they decorated and paid for themselves ... wear and tear for sure for that amount of time!
They paid and did the fencing -
That's an expensive job; we had one side of our garden fenced - 12 panels, fully replaced including new posts and a lockable gate a few years back For £1500 and that was a cheaper quote
Garden - give over
Broken pipe that was broken anyway - WTAF
... can't remember the rest .... but no!

Good to see so many agreeing that your DH is being an absolute prick…
Also serving a S21 on a tenant of 13 years is pretty disgusting IMO.

Landlord here. Your dh’s attitude is exactly what gives decent landlords, who maintain their properties a bad name. He should be returning the money with a big, fat thank you.

The deposit scheme will NEVER rule in your favour. As a landlord, he should have expected to redecorate at least once during that length of tenancy especially the property wasn’t decorated when they moved in. You will also have been expected to replace carpets and replace fences etc. In a tenancy of this length, it’s also likely sanitary ware and the kitchen will have needed upgrading as well. The fact that the tenants have done this all for you shows they’ve gone above and beyond whilst your ‘d’h has neglected his basic duties as a landlord.

If I were taking that property back and reletting, I would be doing a full scale renovation, not just redecoration and carpets. But also kitchen, bathroom, perhaps radiators, doors and windows as well depending on when they were last replaced.

I wonder if he’s even fulfilled his legal obligations such as ensuring electrical compliancy along with annual gas checks, fitting and replacing smoke and CO2 alarms when they’re out of date etc. In essence, be careful what you wish for. If I found out a friend of mine’s landlord was trying to make a few quid out of them to save money on a refurb, I’d be telling them exactly what the law is and the landlord may even have to repay multiples of the deposit.

You've completely misunderstood the point of my post.

The LL has to review and respond to the deposit return request.
https://www.depositprotection.com/tenants/repayments/the-repayment-process

If the OP is in a position to do this, instead of her husband, she can, and agree for the return in full.

Her 'paying it from savings' if her husband has started a claim for deduction is going to result in at least double the repayment. And as you said, he'll lose.

She cannot do the two things in parallel , going through DPS + her own paying from savings side channel. She has to prevent him from putting in a claim.

That's all.

Shame on your DH, seriously. How grasping.

This. Should you ever split. Remember this is his natural nature. You sound lovely.

Christ, I am a landlord of several properties and I wouldn't think twice about giving the deposit back - not that I've ever served a S21. After 13 years you would obviously expect wear and tear and to go in, gut out the flooring and re-decorate throughout. That is certainly what I would do.
Your tenants will be going through an expensive time and will likely really, really need that money right now. Your husband sounds a right tight arse I'm afraid.