End of Contract Fees

Bozzagorn

Hi Guys,

Bit of a sticky situation here, hopefully someone with more knowledge can shed some light.

I'm nearing the end of a tenancy agreement on my flat and one of the clauses in the agreement is:

"The tenants agree to have the property professionally cleaned at the end of the tenancy as this has been carried out and paid for by the landlord prior to the tenancy commencing"

First off - I totally understand the rationale for such a clause and if I were a landlord, I'd probably include similar. However - when I asked recently how much cleaning would be, I was astounded when I got the reply of "roughly" £500. Now - I've done a bit of checking, and an average professional "exit clean" for this size flat is roughly £100, which I'd be (sort of) ok with. I quizzed my landlady over why it was so extortionate, and there's inclusions like Steam Cleaning the furniture & Carpets - this is nearly £350. The previous tenants before me had completely demolished the place so everything was new - carpets, kitchen, pretty much everything (except the furniture). I've been here for 11 months and she herself during check-ups noted how clean and tidy I keep the place.

Do I have any legal (or other) leg to stand on when it comes to such an outrageous costing for cleaning the place? I appreciate that the tenants who move in after me will want a clean tidy place - but that is what they'll get. I have even gone to the lengths of painting over any scuffs/dirty hand prints on the newly painted walls. I simply won't be able to afford deposit on a new flat if I have to splash out nearly an extra months rent just to steam clean a few ragged old sofas.

Can anyone please give their opinion?

Thankyou,

Bozz

BitterAndTwisted

Having the property professionally cleaned is an unenforceable clause. The property needs to be cleaned to a "professional standard" which a tenant with good eyesight and the proper tools should be able to do for themselves.

You are contractually-bound to return the property and all of its contents in the same condition as at the start of the tenancy (save "fair wear and tear") and the check-in inventory is your guide for attaining that condition. You should ensure that you take dated photographs of everything at the end: high ledges, in the fridge, down the loo. Everything.

Bozzagorn

Thanks for that.

In what sense is it unenforceable though? Surely the agent wouldn't have allowed the clause in there if it wasn't enforceable? And if I refused to pay, wouldn't the fees be deducted from the bond before reaching me?

Thanks again,

Bozz

G_M

Many contracts have unenforcible clauses. Many agents (who need no training and no professional standards) have little idea what is legal or not. They also rely on tenants like yourslef just believing they 'must know best' and rolling over and offering up their (your) cheque books!

Your obligation is to return the property in the same condition as it was at the start - how you achieve that is upt to you. Clean it yourself; get your mum-in-law in; pay a Polish cleaner; Get Harrods to send a maid. It's the end result that matters.

The landlord/agent could never win in court if you cleaned it properly but they demanded the cost of 'professional cleaners'.

If they deducted it from your deposit, then (assuming you are Eng/Wales) you raise a dispute with the deposit scheme in which your deposit is held, and the independant arbitrator will decide not whether you had the property professionally cleaned, but whether it was clean.

If you are in Scotland where there is no deposit registration scheme, you would be able to sue in the Small Claims Court.

Bozzagorn

Ok thanks for the response.

So what's the best course of action now would you say? When I move out, just arrange everything myself and then wait for her to kick up a fuss and challenge me on it? Seems a bit backwards to me... But I'm fairly confident that I know that she won't budge if I mention it to her beforehand.

Also - you mentioned that it's my obligation to return it in the state that I received it in. Fine - as I said, totally understand that. But will she not have a valid point in arguing that the standard I received it in was with steam cleaned furniture and a brand new carpet, therefore I should return it with steam cleaned furniture and as close to possible (ie thoroughly cleaned) carpet?

Thanks again,

Bozz

G_M

my obligation to return it in the state that I received it in.

less wear and tear.
Did you sign an inventory when you moved in? And did the inventory describe the condition? And were photos attached to he inventory?

That is the agreed standard/condition at the start, so that is how you aim to return the property.

When you leave, take photos of everything, particularly matching the check-in photos, so you can prove the standard is comparable. Have a witness round who can support any claim you make that it is clean. If you DO get a cleaner in, keep the receipt.

If there was NO signed check-in inventory, the LL cannot prove what condition the property was in at the start, so cannot prove it is dirtier at the end - though receipt for a new carpet the week before the tenancy started would be good evidence that is was brand new even if the inventory did not specify this.

SuzieSue

I think the real issue for the OP is whether it is reasonable to expect him to pay for steam cleaning or whether any reasonable grime on the furniture and carpet should be considered to be fair wear and tear?

If the landlady insists that the they need to be steam cleaned, then it will be up to the deposit protection scheme to adjudicate.

Bozzagorn

G_M wrote: »

less wear and tear.
Did you sign an inventory when you moved in? And did the inventory describe the condition? And were photos attached to he inventory?

That is the agreed standard/condition at the start, so that is how you aim to return the property.

Yes, Yes & Yes.

I'll do exactly as you said, but am concerned that she'll be able to prove that the sofas etc. were steam cleaned before my arrival and therefore it'll be my duty to reciprocate. Will the deposit protection scheme go word-for-word for what's in the contract/Inventory check? The inventory check makes no mention of the sofas being particularly clean (infact it notes that they are slightly worn), but does mention that the carpets throughout are brand new.

It's such a grey area deciphering what is fair wear and tear.

Cheers,

Bozz

BitterAndTwisted

If the sofas are slightly worn but no mention is made of them having been steam-cleaned on the inventory then I can't see how they could insist that you steam-clean them if they are no dirtier now than they were before. They have to be just as clean as they were at the start of the tenancy, there is no requirement or proof required to show how you achieved that.

Fair wear and tear means the natural degradation of something through normal use it DOES NOT mean dirt or damage of any kind, so no grey area at all.

Bozzagorn

Hi guys,

Sorry - promise to stop asking questitons soon!!

Just noticed in one of the LL's emails that she has receipts from just before I moved in to prove that she has had everything steam cleaned etc. Does this change anything? Obviously, it's not in the inventory check or the contract, but would the DPS view it differently if she could prove the state of the furniture?

Cheers,

Bozz

Bozzagorn

/Cheeky After-Work BUMP.