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?

Don’t bother to show him this thread. Get him to read the rules and the information on your deposit scheme website. He’s not going to listen to a bunch of Mumsnetters, even though they are right.

Im glad to hear that you are giving up being landlords. I’m sure you mean well, but you don’t seem to have much more of a clue than your husband. If all you have done is repairs then your property has probably not been legally compliant for years.

If you decide to relet, please use a reputable letting agent or get yourselves educated on your legal responsibilities.

Your husband is an arsehole.

He should be very grateful the property is in such good condition after 13 years of doing the basics.

He's very lucky they've not trashed the property like some tenants do.

Your husband is bonkers. You should have replaced all this at your own expense long ago!

This post should have been titled "We've treated our tenants badly for 13 years and not fulfilled our legal duties towards them. Now we've evicted them and my DH also wants to steal from them - is he being unreasonable?"

Also, I object to the use of the term "accidental landlords", because it's not true. You made a choice to rent the property out rather than selling it, it wasn't an accident.

Your choice may have been driven by the fact that the market sale price would have been lower than you wanted, but it was still a choice, so don't pretend otherwise.

I think people describe themselves as "accidental landlords" as a way of absolving themselves of blame for being a shitty landlord. They can't possible be one of the mean, grasping, grifting types of landlord because they're only doing it 'accidentally', see?

The improvements the tenants made and funded out of their own pocket to the property you and your husband failed to maintain for 13 years are looking a bit tired. Your husband thinks the tenants should be penalised for this.

Your husband is, and I cannot stress this enough, an absolute cunt.

Dh needs to make himself familiar with fair wear and tear!!!! They've stopped the house going into disrepair and be excellent tenants. Your dh sounds like a twat.

Your husband is absolutely ridiculous!!

They are normal wear and tear that YOU should have fixed.

And ANY house will need to be completely redecorated after 13 years.

Absolutely shameful.

If he disputes all he will achieve is making himself look like a massive cunt, and wasting everyones time.

Can you just log in and approve the deposit return behind his back? I would.

You should not only give them their FULL deposit, you should be apologising for making them have to look for somewhere else (a difficult task these days) and thanking them for doing all the things you, as landlords, should have done.

Your husband sounds a complete twat

Gosh your dh sounds mean. They have lived in the house for a long time and by your own admission have been good tenants. Why should they return a pristine property to you? Everything sounds like wear and tear. Why should they have spent money on a house that doesn’t belong to them? Poor family - been evicted through no fault of their own and now might not get their deposit back. I couldn’t be married to such a miser.

Let him try to claim it. The very first thing the TDS will want is the proof of your argument, so you'll have to provide check in report, check out report and all the clauses in the tenancy agreement that have been breached, with a copy of the agreement.

It sounds like this isn't available. The level of detail required is phenomenal.

I think just give it back. As others have said, it sounds like it's been a really easy let. To my mind, the fact that they left with no trouble and basically looked after the place is reason enough to give the deposit back.

They sound like the perfect tenants, you're very lucky. I would return in full.

Your husband is a knob
thats general wear and tear
you haven’t maintained the property nor did you do a pre tenancy inspection.
husband doesn’t have a leg to stand on.

Is this a reverse?

Obviously the deposit should be given back.

The deposit is not used for betterment of the property. 13 years is a long time, most things will fall under wear and tear. I wouldn't even start a dispute with the tenants, what an insult to them and embarrassing when you won't win it. If you are selling the property, why does your husband even care so much?

You will not win a dispute.
This is normal wear and tear.

I have managed to deduct money from a tenants deposit but I had photographic proof of the state of the property before and after. It didn't include wear and tear. U less you have the state of the property documented before and after I don't think you have a leg to stand on.

Wow. Just wow.

I hope the tenants take everything they have paid for with them. . Like the fencing...

Your husband is a tight dickhead. Awful behaviour and shit landlords

Your husband is being greedy. Everything you've listed is normal wear and tear, especially after 13 years, and they've improved your property in a number of ways while you've invested nothing and done the bare minimum.

I think a renters tribunal (or whatever it's called) would return it. Don't make them go through one to get it.

Its just wear and tear and to be expected. Its very ungracious to withhold the deposit.

My ex landlord tried to get £165 from my deposit for "necessary cleaning". The apartment was spotless and when I had to pop over to pick something up (a parcel was mistakenly delivered there) from the new tenant the place still smelt of my cleaning materials. I fought it and got most of it back.

It will take months if your ex tenant fights this. All all for £700!

Tbh, you sound like the worst kind of landlords 😡 thank God I've only ever had decent ones who replaced carpets etc after wear and tear without a single complaint. I had a new bathroom put in one when my landlord could have quite easily waited until i moved on. You've only ever paid for repairs? You've had it lucky. You were happy for them to spend their time and money making it livable and 13 years later your DH wants to keep to keep as much of it back as possible. Dick move.

Your husband sounds awful

You should not even try.
You won't win, and meanwhile the tenant is waiting weeks for money that they may well need for their next deposit.