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?

This is why the rental situation in this country is awful

They've lost their home of 13 years and this is what your husband wants to do?

For once I'd like him to see this thread

And for another thing, I'd like karma to bite him on the arse

I can't abide grubby, on-the-make people like your husband. That sort of meanness is like spiritual halitosis.

Whilst I admire your intention to return their deposit even if it means dipping into your savings, and I absolutely think their deposit should be returned, it would be no bad thing if your (ex) tenants got the measure of the kind of person your husband really is.

I think you have quoted the wrong post! This isn't my husband.

He's being awful. Bad enough to kick them out with a new baby. Keeping the money is petty, selfish and tight AF. He has no right to the money and I hope the tenants fight for the full amount back.

You won't need to

He won't win

Another LL adding to the chorus that your DH is so unreasonable he couldn’t get back to reasonable with a satnav.

There are very few circumstances where deductions would be reasonable after 13 years especially as the LL doesn’t appear to have done much maintenance. Everything he has listed is wear and tear. We have tenants who have been in for over 10 years and we expect to have to do a full refurb if they move out despite regular maintenance and tenants who take good care of the property.

I bet he has been claiming the property allowance against the rent on his tax return too.

The problem probably is that he sees the house as his home that he has graciously let someone live in. You have to be unemotional about rental properties - they are the tenant’s home not the landlord’s.

I'm yet another poster who considers this wear and tear and would return the deposit in full.

Really nasty behaviour by your husband. He should be ashamed of himself.

I wouldn't even be able to look at him

Is he always this horrible?

He's got an asset worth thousands and wants £700 back?

Exactly this.
It's already a depressing situation for these tenants and thousands like them. On top of losing their home, the 'D'H wants to extract more money from them when he should really be refunding them the money they spend on maintaining the house (morally, obviously).

OP confirmed they didn't bother maintaining the house at all for all those years. But happily raked in £1000s. Now the man is trying to rob the people.
He should have educated himself in his legal responsibilities 13 years ago. Hopefully the tenants make a claim for three times their deposit.

Coming on to thread to comment the same. To have decent tenants for 13 years - has your H any idea how beneficial to you both that has been? No void periods, clearly no redecorating/ maintenance from you, little hassle.

Wear and tear
After 13 years, without inspection and without decorating first. You wouldnt win. Your dh is a chancer

If my husband did this, I would actually reconsider our relationship....

It sounds like they were a gift of tenants for 13 years. They have saved you a fortune in maintenance. Things like charging to replace the children's wallpaper I would include in being unreasonable- this would be required anyhow after 13 years.

In all fairness so should OP. They both failed in their legal responsibilities as landlords, he's just a slightly bigger prick than she is.

I don't often say this and it is worth a ban, your 'DH' is an absolute cunt.

They were there 13 years, not 1 year.
All the stuff he is talking about is normal wear and tear. I’d even go as far as saying that the house would be in a much worse state if they hadn’t done anything, both due to the length of their stay and because you hadn’t done anything to the house prior to renting it.

He is massively unreasonable

Ex landlord here. 13 years rent and your husband begrudges them £700? Ffs.
I expected to get each property cleaned between tenants, and usually a basic paint over any marked walls, windows cleaned, maybe carpets shampooed.
They’d done a lot in the house, don’t sound like they were demanding tenants and it’s just wear and tear, not deliberate damage.

Wow what a cheek .It all sounds like fair wear and tear and they have been good tenants. Give them their deposit back and tell your dh to give himself a good shake .

They should get their deposit back. He is being incredibly mean trying to claim for damage done to things they bought! It's actually really nasty of him.

I hadn't read the thread but I'm glad it isn't just me that is absolutely horrified by this thread.

Morally he should give them some of the profit. I can't remember the last time I was so fucking outraged by a post.

And the fact you haven't put your foot down shows you are not much better

I've been a landlord (albeit in the US not the UK) for twenty years now, with five units - two single family homes and a three-unit building. In your circumstance, given the length of the tenancy, I certainly wouldn't be deducting anything from the deposit. Professional cleaning is not the tenant's responsibility, and if decoration was done with landlord's permission, redecoration is the landlord's responsibility. I would expect as a cost of business to have to completely redecorate a home after that length of tenancy. Don't nickel-and-dime good tenants - it creates a lot of ill will.

That is almost all just normal wear and tear. Really for prepping a place between tenants it is pretty light.

the only thing that might be justified charging for is that they did not remove the wallpaper. You could possibly get away with charging for that, but since you did not decorating or non-emergency maintenance for 13 years, don’t be assholes. Just take care of it yourselves.

They looked after it well for 13 years and that is the bottom line. Giving tenants notice can really throw a spanner into their lives. That was their home and their kids' home for so long. It will cost them £££££ to move and get sorted. And your DH wants to pickpocket them for £700 on top of all that. Your DH seems to want the property in show home condition, despite not having handed it to the tenants in show home condition. He should be ashamed. Hope he is whiter than white and has paid tax on rental income.

Landlord here, just return the deposit already! You'd make yourself out to be a total arse to try and keep it for any of those things, and I'd imagine you'd lose when it went to the deposit protection scheme so why sour a relationship for absolutely no reason?