Tenancy Agreements

Nicky321

My daughter will be privately renting a home from a landlord but using the letting agents Batt & Brown. She has received a " BATT & BROWN, Tenancy agreement for residential premises" Are these standard?

Under Section 4. At the end of the Tenancy the Tenant will:
4.2) have all carpet professionally cleaned by a competent fully insured company and provide a receipt for the same. If the carpets are not cleaned or a receipt is not provided the Tenant will pay Landlord or Landlord's Agent the cost incurred for further carpet cleaning.

How would I know if the last tenants who rented the property prior to my daughter had the carpets cleaned? They are old carpets (one has a burn mark to it) and im not sure they warrant the above section.

sooz

Since they ask for a receipt, ask to see it, or atleast a copy of it.
Even old carpets benefit from cleaning, particularly if the previous occupant had pets.
Make sure that all marks & burns (to anything, not just carpet) are marked on the inventory. If not, she should amend it, infront of the agent.

Nicky321

sooz wrote: »

Since they ask for a receipt, ask to see it, or atleast a copy of it.
Even old carpets benefit from cleaning, particularly if the previous occupant had pets.
Make sure that all marks & burns (to anything, not just carpet) are marked on the inventory. If not, she should amend it, infront of the agent.

The only carpets are to the stairs and 2 bedrooms. My daughter is a single parent with baby under 1 money is tight, surely regular hoovering would keep it clean. As for the inventory she wont get to see it (i dont think) until she moves into the property, then she will take your advise.

cheers

olly300

Nicky321 wrote: »

My daughter will be privately renting a home from a landlord but using the letting agents Batt & Brown. She has received a " BATT & BROWN, Tenancy agreement for residential premises" Are these standard?

Under Section 4. At the end of the Tenancy the Tenant will:
4.2) have all carpet professionally cleaned by a competent fully insured company and provide a receipt for the same. If the carpets are not cleaned or a receipt is not provided the Tenant will pay Landlord or Landlord's Agent the cost incurred for further carpet cleaning.

The section above can be challenged in court as an unfair term. You only need to leave the property in the condition you received it in apart from reasonable wear and tear.

A fair term would be asking you to clean the carpets and maybe specifying what sort of cleaning needs to be carried out.

I would ensure that as well as asking in writing using recorded delivery or fax and email, for a copy of the receipts your daughter takes a photographs including close ups of the carpet.

Then if later on you have a deposit dispute over the carpets you have evidence to show what they were like at the beginning of the tenancy.

poppysarah

Make sure she takes a camera and marks on the inventory all the issues with the property immediately.

If they expect her to pay to have them cleaned they shouldn't mind proving that they've just been cleaned.

Premier_2

I believe such term was deemed unfair by the OFT.

The tenant is only required to return the property in the same condition as it was let (fair wear & tear excepted). If this requires the carpets to be cleaned, then this obviously has to be done, but who the tenant uses and what is paid is irrelevant.

Naturally if the tenant chooses to have the carpets cleaned by someone who is not a professional and/or does not have adequate insurance protection, the tenant could leave themselves open to further claims if the cleaning is not performed correctly, resulting in possible damage.

Nicky321

Just spoke with LA, there tenancy agreements are standard and not all parts are applicable to all properties.

tbs624

In that case, if your daughter has not yet signed the contract, then the clause should be struck through and the amendment signed by both parties.

Olly300 is correct - the LL can only ask for a similar standard to that in which the property is received, and in any case the wording is far too prescriptive.

Any other anomalies lurking in that contract?

Notlob

Nicky321 wrote: »

The only carpets are to the stairs and 2 bedrooms. My daughter is a single parent with baby under 1 money is tight, surely regular hoovering would keep it clean. As for the inventory she wont get to see it (i dont think) until she moves into the property, then she will take your advise.

cheers

Gosh, so washing my clothes is pointless as simply regularly sucking the dirt out will do.

Nicky321

Notlob wrote: »

Gosh, so washing my clothes is pointless as simply regularly sucking the dirt out will do.

Was there any need for such a sarcastic comment?
Refering to hoovering the carpet does not have any reflections on personal hygiene!!! obviously you have the funds to shampoo your carpets every other day using professional cleaners!!!

Notlob

Nicky321 wrote: »

Was there any need for such a sarcastic comment?
Refering to hoovering the carpet does not have any reflections on personal hygiene!!! obviously you have the funds to shampoo your carpets every other day using professional cleaners!!!

Spot on, only had them done the other day using professional cleaners.

I was just trying to make the point, admittedly sarcastically, that simply vacuuming carpets is not enough. The most that can be asked for is that the carpets should be cleaned to a professional standard. Obviously, if they were not when the tenancy commenced then it would difficult to enforce.