UK Landlord Forum / Life

Hi everyone,

When I moved into the flat 3 years ago it was extremely dirty (had to scrub it for three days!), the check in inventory qualified it as "household cleaning with oversights".

My renting agency now wants to force me to arrange a professional cleaning at the end of my tenancy.

I told them I don't have to do that, because I don't have to give them back the flat in a higher standard than when I moved in (I think that's the law right?). So I was counting on cleaning it myself in an "household cleaning" standard.

They responded that because I have pets, and the tenancy agreement says I need to arrange professional cleaning, I was still required to arrange for a professional cleaning at my expense.

Any one knows if that's the case? Can they force me to pay for a cleaning they never arranged for me?

Many thanks,
Alex

They can try to force you... and you can resist.

What is "professional cleaning"? One assumes they mean to a professional standard... which, by definition, can only be a subjective measure - one person's spotless is another person's filthy - there is no objective standard of cleanliness in existence. So... in reality... by "professional cleaning" they really mean cleaning that has been paid for... whether to a professional standard, or not... it's entirely misguided.

Likewise, your assessment of "higher standard" is entirely subjective too.  It goes both ways...

Although the OFT is defunct, there was OFT 356 - unfair terms in tenancy agreements, which covered this. It's outdated and can't really be used, but it covered this kind of thing... they had said - "excessive cleaning charges - as a matter of normal practice in short lets, reflecting the common law, tenants are expected to return the property in as good and clean a condition as it was when they received it, with fair wear and tear excepted. We therefore commonly object to terms that could be used to make the tenant pay for the property to be cleaned to a higher standard than it was in at the start of the tenancy, or that require cleaning regardless of whether or not this is necessary for the tenant to comply with their normal obligations with regard to the state of the property".

When I say resist, what I mean to suggest is you take the issue through ADR and see how the Deposit Scheme interprets their requirement of you. They might be a bit surprised. Of course... your Deposit was protected in a Government scheme, all good and proper, right?

Why did you not read the Tenancy Agreement you seem to have signed up to? If the clause is there... why fight it now?

You don't mention if photos were taken at the start of your tenancy-that would be helpful.

Hi HIPPOGRIFF and HEAVYKARMA,

Thanks a lot for your help, this is extremely appreciated.

To answer your questions and provide more context:

- Yes, the check-in inventory shows stains on the wall and floor, and perishable food in the cupboards
- We are fighting this clause, because we were told by the agent that the flat would be empty and "professionally" cleaned when we first moved in. So when we saw the condition of the flat, we called them immediately... To which they replied that basically, because we found the flat in a bad condition, we would only have to leave it in the same "standard". As you say, that's subjective but the understanding was that we would clean it superficially (and not pay for it). Of course, we were stupid enough not have written down at the time... And now they refuse to keep this promise.
- Yes the deposit is held by TDS

So would you recommend I pay for a couple hours cleaning in the flat (it's a one bedroom so not too big...) and keep the receipt?

We were planning to clean the flat anyway out of respect for the landlord (who is not managing the flat and therefore not involved...), so paying for a couple hours of cleaning seems reasonable...

We leave the flat next week (check out inventory), so no decisions have been made yet on the deposit.

Er, no... I would recommend you clean it yourself to an acceptable standard (probably better than the photographs show) and then refuse to agree a Deposit deduction, if they still try to deduct from your Deposit then suggest that it's best to go via ADR and have an objective third-party rule - ensuring you take like-for-like pictures showing the difference (although the onus of proof with ADR is not actually on you - it's on the Landlord). If they agree you have a high chance of a good result. If they do not agree then it's a different situation... but I would hope they'd then back down.

Any others? Would you pay for a couple of hours professional cleaning?

No,I would not pay for extra cleaning.Do a normal clean,which is much more than they did before you moved in.Presumably the outgoing tenant had a hefty deduction from their deposit,so I wonder what could possibly have happened to that sum of money?

HIPPOGRIFF, HEAVYKARMA,

Thanks a lot for your help and advise, that quite reassuring and very helpful.

Heavykarma - that's a good point you raised... I guess taking some of the previous tenant's deposit money and not using it towards the property is somehow illegal (if they did it)...