Tenancy agreement clause requires professional cleaning receipt

soad_x83

Hi MSE,

I'd like some advice on the tenancy agreement please.

A 'special note' of the tenancy agreement I have been given, reads:

D – It is hereby agreed and understood between both parties that the tenants shall arrange and pay for the Property to be professionally cleaned at the end of the Tenancy and provide proof of the works that have been carried out. If the tenants do not have the Property professionally cleaned at the end of the Tenancy or they do not provide receipts for proof of the works, the cost for the professional clean will be deducted from the Tenants deposit.

Am I right in thinking that I am covered under the Consumer Contracts Regulation 1999 to not have to provide a receipt of a professional cleaning service if I leave the property in the condition I found it.

When I tried to get the clause removed I was told, it was only the landlord can make amendments to the tenancy agreement, which I also believe to be lawfully wrong.

Your responses are most welcome. I am due to move into the property on Saturday, having received the tenancy agreement today.

Regards,
Graham

Amba_Gambla

If you don't like it, don't sign it and don't move in.

If you agree, sign it and move in.

Simples?

chris_m

Ask for a copy of the receipt which proves it was professionally cleaned before you moved in. If they can't/won't provide it, make sure the condition is thoroughly documented on the inventory and make sure it's at least that clean when you move out. Then let them argue the to$$ with the deposit protection arbitration service if required.

Sparx

Just because Joe Bloggs writes it into a contract, it doesn't mean it is legal and enforceable.

00ec25

the LL would have to agree to any changes, so in that sense they are right about who can change the contract

however you are right regarding the clause as the OFT has ruled that such clauses are unenforecable and should be deleted
read the OFT guide which has specific sections about cleaning charges
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

soad_x83

Thanks for your responses!

I do not really have an option not to move in, it is four days before the move and everything is set!

Thanks 00ec25 this was the document that led me to question the validity of the clause. If I enter into the contract with the clause (as stated above) will I be forfeiting my right to use this regulation?

rpc

Quite the opposite - this protects you when clauses like that are inserted.

Note on the inventory any dirt at all and preferably something like "no evidence of professional clean".

When you leave (if you want), buy your mate a beer and have him hoover a carpet and get him to make out a receipt for "Professional cleaning of XXX Address". The house has then been professionally cleaned.

Yorkie1

rpc wrote: »

When you leave (if you want), buy your mate a beer and have him hoover a carpet and get him to make out a receipt for "Professional cleaning of XXX Address". The house has then been professionally cleaned.

I'm not sure I'd suggest this part of rpc's advice. Technically the document is required for an accounting purpose, and a mate (who is otherwise not a professional cleaner) doing a clean for the price of a beer risks falling foul of fraud or false accounting type of laws.

rpc

Yorkie1 wrote: »

I'm not sure I'd suggest this part of rpc's advice. Technically the document is required for an accounting purpose, and a mate (who is otherwise not a professional cleaner) doing a clean for the price of a beer risks falling foul of fraud or false accounting type of laws.

Please define a "professional cleaner". To me, a professional cleaner is simply someone who cleans in exchange for money. It is not fraud if the friend cleans in exchange for remuneration and writes a receipt to that effect.

This isn't like other professions where you have widespread registration or professional qualifications.

TrickyDicky101

Yorkie1 wrote: »

I'm not sure I'd suggest this part of rpc's advice. Technically the document is required for an accounting purpose, and a mate (who is otherwise not a professional cleaner) doing a clean for the price of a beer risks falling foul of fraud or false accounting type of laws.

Sorry but this is just utter drivel.

DRP

Yorkie1 wrote: »

I'm not sure I'd suggest this part of rpc's advice. Technically the document is required for an accounting purpose, and a mate (who is otherwise not a professional cleaner) doing a clean for the price of a beer risks falling foul of fraud or false accounting type of laws.

I don;t buy this at all.

As long as a cleaning job has been done and payment exchanged then it is a professional clean.

The Op's contract doesn't even mention it has to be cleaned to a 'professional standard'. It just says 'professionally'.