Rented accommodation and regular inspections

lulu650

My son lives in a privately rented furnished flat. The landlord has a yearly inspection to check for anything broken and general standards of cleanliness.

Not been a problem over the last 3 years. Basically a major spring clean to get it up to the required standard. This year, because landlord wants to sell, the landlord has asked for the (cream) carpets to be washed, all covers on the suite to be washed, one ceiling to be repainted, oven to be professionally cleaned etc.etc.

Son has very little free time, job involves very long hours and a suggestion by the landlord was for son to move out for a week and for this to all be done. The contract just states for the flat to be kept clean and tidy, or words to that effect.

The flat would look fabulous if my son didn't have so much "stuff". Like most twenty somethings lads he has loads of boys toys. He has no idea where he could go for a week unless he takes a week's holiday from work.

Is this a usual occurrence if a landlord wants to sell? I'd always assumed that any further cleaning and replacement of fixtures and fittings was done after a tenant left and taken out of the deposit.

And, yes, he is looking for somewhere else to live and can't afford to buy

Sorry, this thread should probably be moved elsewhere

bexiboo92

lulu650 wrote: »

My son lives in a privately rented furnished flat. The landlord has a yearly inspection to check for anything broken and general standards of cleanliness.

Not been a problem over the last 3 years. Basically a major spring clean to get it up to the required standard. This year, because landlord wants to sell, the landlord has asked for the (cream) carpets to be washed, all covers on the suite to be washed, one ceiling to be repainted, oven to be professionally cleaned etc.etc.

Son has very little free time, job involves very long hours and a suggestion by the landlord was for son to move out for a week and for this to all be done. The contract just states for the flat to be kept clean and tidy, or words to that effect.

The flat would look fabulous if my son didn't have so much "stuff". Like most twenty somethings lads he has loads of boys toys. He has no idea where he could go for a week unless he takes a week's holiday from work.

Is this a usual occurrence if a landlord wants to sell? I'd always assumed that any further cleaning and replacement of fixtures and fittings was done after a tenant left and taken out of the deposit.

And, yes, he is looking for somewhere else to live and can't afford to buy

Sorry, this thread should probably be moved elsewhere

First of all I'd read your son's tenancy agreement.
Is the landlord asking your son to pay for all of this? As if he hasn't damaged it or broken it, then there's no requirements for him to fork out for these things.


Sounds like the landlord is being a bit cheeky and asking for more than usual as he wants to sell!

HappyMJ

He does NOT have to move out. If the landlord wishes to do the work then the landlord needs to get full possession of the property by giving the tenant notice to end the tenancy. Once the tenant has left then the landlord can do whatever they want.

The tenant should clean the covers on the suite as they leave....and clean the oven it doesn't need to be done professionally.

The landlord should be painting at their own expense as that is a normal thing to do between tenancies.

ViolaLass

Does the contract state that the flat must be kept clean and tidy or that, when your son eventually moves out, it must be returned in the same standard that it was when he moved in? If the latter, then it's none of their business whether it's clean and tidy DURING the tenancy.

Also, requiring your son to move out for a week very clearly impinges on his right to quiet enjoyment. If the landlord wants to do the place up before he sells, he needs to serve notice on your son and do it once your son has left. Wanting to do the work AND collect rent is just greedy.

Your son has no obligation to comply with any of this (whilst risking that he will be served notice if he refuses but it sounds like that's going to happen anyway).

lulu650

Yes, you've confirmed what I thought. He's trying to keep the landlord sweet as he can't find any other suitable accommodation yet and is hoping not to get chucked out until he's ready.

gingin_2

lulu650 wrote: »

My son lives in a privately rented furnished flat. The landlord has a yearly inspection to check for anything broken and general standards of cleanliness.

Not been a problem over the last 3 years. Basically a major spring clean to get it up to the required standard. This year, because landlord wants to sell, the landlord has asked for the (cream) carpets to be washed, all covers on the suite to be washed, one ceiling to be repainted, oven to be professionally cleaned etc.etc.

Son has very little free time, job involves very long hours and a suggestion by the landlord was for son to move out for a week and for this to all be done. The contract just states for the flat to be kept clean and tidy, or words to that effect.

The flat would look fabulous if my son didn't have so much "stuff". Like most twenty somethings lads he has loads of boys toys. He has no idea where he could go for a week unless he takes a week's holiday from work.

Is this a usual occurrence if a landlord wants to sell? I'd always assumed that any further cleaning and replacement of fixtures and fittings was done after a tenant left and taken out of the deposit.

And, yes, he is looking for somewhere else to live and can't afford to buy

Sorry, this thread should probably be moved elsewhere

You could put it on the housing board because there are many knowledgeable people on there but I am 99.9% certain that what he is asking is not enforceable at all. His only hope is getting it done once he has legally got your son out of the property and then it is the landlord's responsibility to get the work done and go through the correct channels to have it taken out of your son's deposit. Landlord is a cheeky one and is just trying it on.

He also has to give your son a minimum of 2 months notice so it should hopefully be enough for him to find a new place. Good luck.

j.e.j.

There's no point in LL professionally cleaning the oven while the previous tenant is still in the flat and therefore presumably still using it? Ditto the covers on the suite. It would make more sense for him/her to do this once the tenant has moved out. But landlords being landlords, I suppose, just want to get the maximum money they can and don't want the flat to be standing empty for a week while the work gets done. If I were OP's son I think I would start looking for alternative accomodation asap.

BitterAndTwisted

lulu650 wrote: »

My son lives in a privately rented furnished flat. The landlord has a yearly inspection to check for anything broken and general standards of cleanliness.

The purpose of annual inspections is to check that there are no maintenance or repair issues which the tenant may not have reported and/or noticed. They are NOT undertaken to ensure the tenant is keeping the property clean and tidy: that's none of the landlord's damned business.

Not been a problem over the last 3 years. Basically a major spring clean to get it up to the required standard. This year, because landlord wants to sell, the landlord has asked for the (cream) carpets to be washed, all covers on the suite to be washed, one ceiling to be repainted, oven to be professionally cleaned etc.etc.

It is a tenant's responsibility to ensure that the property is returned at the end of the tenancy in precisely the same state of cleanliness as it was noted on the check-in inventory at the start of the tenancy. What happens in between is the tenant's business. An experienced landlord would understand and appreciate this.

Son has very little free time, job involves very long hours and a suggestion by the landlord was for son to move out for a week and for this to all be done. The contract just states for the flat to be kept clean and tidy, or words to that effect.

That clause is unenforeceable but challenging it with an inexperienced landlord might might make this a battle not worth fighting unless he's prepared to receive a Section 21 Notice.

The flat would look fabulous if my son didn't have so much "stuff". Like most twenty somethings lads he has loads of boys toys. He has no idea where he could go for a week unless he takes a week's holiday from work.

If the landlord wants to sell the property then he needs to wait until the tenancy has ended if he needs to get it more presentable for viewings. I wouldn't be cooperating with any suggestions of moving out, not even for one day never mind a week.

Is this a usual occurrence if a landlord wants to sell? I'd always assumed that any further cleaning and replacement of fixtures and fittings was done after a tenant left and taken out of the deposit.

You are correct, but when you're dealing with a newbie landlord rather than a professional and experienced one it can often be an uphill struggle to communicate your rights without coming across as combative and uncooperative.

And, yes, he is looking for somewhere else to live and can't afford to buy

Sorry, this thread should probably be moved elsewhere

He should focus on his right to "quiet enjoyment" of his home, and not accept any blandishments from the landlord to get the property ready for cleaning or viewings until either he decides that they can take place, or when he's left.

This landlord sounds like the type who would rather not have to pay their mortgage without their tenant's rent coming in. That is not your son's concern.

In his position I would suggest that I was not prepared to move out temporarily or carry out any cleaning until my tenancy was coming to an end. The next thing he knows, the LL will be sending round estate-agents to carry out valuations and then tribes of potential buyers turning up 24/7 without prior warning or permission.

Counting_Pennies_2

It is my understanding that during a tenancy it is the tenants rights to refuse viewings to sell the house.

We tried to buy a house that was on the market but the tenants refused entry to purchasers, so you either had to buy blind or wait for the tenancy to end.

I would suggest your DS looks for somewhere else to live as long term he will not be able to stay there is the landlord looks to sell.

BitterAndTwisted

The tenant is entitled to choose who crosses the threshhold of their home and why. But this can conflict with the landlord's statutory obligation to carry out necessary repairs. However, getting a property in a suitable state for sale is nothing to do with that.

If the landlord is intent on selling they will be giving their tenant formal, written notice eventually. In the OP's son's position I would make it clear that I wouldn't be doing any cleaning or decorating, or allowing it to be done until I was good and ready to end the tenancy. If the landlord is desperate to sell I might consider asking them for an offer of a financial inducement to encourage me to go if I was still in a fixed-term tenancy.

If a property is tenanted, there's no buying blind if you need to purchase with a mortgage: no lender would agree to forward a penny until the buyer's solicitor could confirm vacant possession, so the only pool of possible buyers would be BTL investors. Even then, most sensible landlords would want to take on their own treble-checked tenants, not someone else's unknown quantity.

yvonne13_2

OP have you got an update?