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?

You'll be ok if you show him the thread won't you OP? He doesn't sound very nice.

I also agree with PP. This is who he is, I'd bear that in mind if you should ever split up

Your husband is very unreasonable. They’ve done a lot to maintain the property and you’ll be benefiting from their work in terms of the sale price.

All sounds like wear and tear and with no inventory and inspection before they moved in you wouldn’t have a leg to stand on with deposit protection service.

When they contend it they will get the deposit back anyway because your issues are purely wear and tear after 13 years. And he will have made you and them go through a load of hassle, stress and create bad blood for absolutely no reason.

If my husband ever did something so scrooge like, especially to people with a new baby who you have both profited off the back of for 13 years and are now evicting for no fault of their own, it would probably damage my perception of him as a person.

Disgusting, should be bloody ashamed.

You would need an inventory from when they moved in. After 13 years there is not a thing on there that wouldn’t be considered fair wear and tear. Your husband needs to educate himself.

Another landlord here. Your DH is the sort of person who gives us decent non grabby landlord's a bad name.
Don't be a greedy cunt

Did he honestly expect the house to be in the exact same condition it was13 years ago? He's lucky that the deposit was protected otherwise the tenant could claim a lot more than £700 back if he didn't return it

I'm quite shocked your DH would even suggest keeping the deposit for those reasons tbh. It doesn't speak well of him.

Is you DH normally this unreasonable when it comes to money? Is he one of those miserly, grifting types that always sees an opportunity to get one over on other people?

Good lord. Do you actually want to stay married to this man? What a dick!

Thanks for this, really shows how easy the OP has had things

Did you actually do any repairs or decorating in 13 years? You need to return the full deposit, I can’t believe someone could be that petty. Surely you don’t need 700£ if you have been landlords for 13 years.

Return it. Anything else will sour a positive and enduring relationship.

I'd missed this as well. Horrible behaviour.

When someone shows you who they are, believe them. I hope he treats you better than this OP.

Your dh is a petty idiot. Give them their money.

If your tenant has lived in your property for 13 years and has helped pay your buy to let mortgage(with no issues),then you have to accept a reasonable level of wear and tear.Speaking from experience,we would give their deposit in full back via DPS.

No way should you keep any money back…..wear and tear is normal and after that long would need redecorating. If you’d gone through an estate agent they wouldn’t deduct anything either. We had a tenant ruin a carpet with a massive black stain and left stickers over all the furniture that took hours to clean. Nothing was deducted. As the landlord you do the deep clean before a new tenant moves in.

I'm a landlord and I'd be returning the full deposit based on your description.

Your husband is a complete idiot! I looked around our rental property today (like you, accidental landlords.) Quick inspection- tenants have been keeping the property in good condition. Full deposit returned, as I have for all my other tenants who have ever lived there. Granted I'll do a longer inspection when they leave,as today they were renewing the contract, but things break, wear and tear happens etc. They are paying my mortgage after all, I'm not going to begrudge them the odd stain here and there or broken object. Your husband sounds like at best somone who has completely misunderstood what the deposit is for and at worst, a scammer. The deposit protection service won't find in his favour and rightly so.

Your dh is the reason tennets need protection

When people talk about grasping, greedy landlords, they are talking about the ones like your husband.

For 13 years the tenants maintained the property, including taking on costs that should have been paid for by the landlord so they were being cheated out of things they paid the rent for.

The full deposit should definitely be repaid and hopefully he will never get involved in being a landlord again.

No decent landlord would even have dragged their feet on a tenant who caused zero issues in over a decade and moved out without a fuss leaving a property in acceptable condition.

He thinks they should have redecorated again upon eviction does he?

What an absolute tool.

I really hope you're selling the property and never become landlords again. My god.

Well, it is exactly these things that make people protest against accidental landlords!!!

also why, good landlords are being penalised with so much legislation exactly because of people like your opportunist ‘D’H.

without even reading before first op, I was clear the £700 had to be returned without any deductions or arguments. Thank God the deposit holder will not entertain your dh’s request, I just wish he could be forced to pay a penalty in equal amount for his opportunism.

yes, have 3 properties let out to wonderful tenant, and I maintain all my properties to highest standards, and I wouldn’t even dream of deducting even a £50 to replace blinds etc.

i also had a feeling this s21 was served just because it was your easiest option regardless tenants calked it their home for 13 years. Well, you have just confirmed it they just had a baby and bang, they were suddenly an inconvenience.

karma. Is all I can say. @RedPepperGreenStepper

Oh come in
..... seriously?

All those issues you mentioned are YOUR responsibility as landlords!
I understand it wasn't first choice to be landlords and take on the responsibility but an ounce of common sense would see that you have certain requirements to the upkeep of the house.

Honestly the attitude of your DH is shocking. I'm so sorry you have to live with him.

Imagine being in a house, not touched by landlords for 13 years only ronbe turfed out on a whim and then have your deposit disputed on top of everything!

He needs a few hard lessons and never ever tonbe landlord again.

By the way, if my lovely tenants ever move out I'd be delighted to have yours. On the description you've given I'd return the deposit 100%!