Cleaning the house after tenancy - issue with lettings agent

sham63

damianjamesmcgrath wrote: »

Who needs to provide evidence?

For example, I have no evidence regarding the condition of the house when I moved in or moved out, but neither do the lettings agents, considering I didn't sign the inventory.

No evidence vs. no evidence = who wins?

The burden of proof rests with the Agent to establish, on a balance of probabilities, that you were in breach of your obligations under the Tenancy Agreement and that the sum claimed is reasonable.

If you dispute the claim (which you should) you will be able to see a copy of their claim form & evidence. If they have no supporting evidence it will be your word against theirs, and the adjudicator may then find in your favour.

damianjamesmcgrath

DaftyDuck wrote: »

Well, they might have evidence.. a receipt from a professional cleaning organisation, the bill from the painter & decorator, the carpet bill and photographs... or they may not.

You have stated that it was newly decorated and newly carpeted when you moved in. I'd have to say that given that, as a landlord, I'd expect more than the standard clean with a hoover. You can't expect them to have the place redecorated and recarpeted but not then "professionally" clean on leaving.

They've been fairly specific about what needed doing, so I suspect they may (may) be in the right here.

I have two places for rent next to each other. One is done up to the nines, expensive carpets and furniture, and I'd certainly expect it to be left immaculate and undamaged, as it is always handed out as clean as possible. The other is a bungalow that has tenants with dogs & cats (and horses), and they welcome the fact it is clean but certainly not immaculate when they move in. If they leave that place reasonably tidy on leaving, I'm grateful. I stick new but very cheap carpet in each time it changes hands, and am honest that I expect to do the same on their departure, and I won't be charging them for that!

In your case, it sounds like considerable work went into the property before you moved in. You acknowledge it wasn't left in a completely clean state, and it sounds like the deductions being made are reasonable.

I appreciate your comments, and would agree with you on the whole.

However, my bone of contention is that I didn't know it was professionally cleaned when I moved in, they certainly didn't volunteer that information, didn't mention I would need to have a professional clean when I moved out, and I wouldn't have guessed. It was clean and tidy when I moved in, but it wasn't sparkling or obviously brand new. It just looked like a normal empty house.

Upon leaving, I tidied up to the best of my ability using normal household equipment - vacuums, etc. I didn't use anything special, like those shampooing vacuums, or I didn't get a window cleaner person in, but I made sure there weren't any obvious stains/marks or rubbish lying on the floor.

It seems unreasonable to expect me to enlist a cleaning company especially as they didn't tell me to, or insist I did, before informing me of the charges, AFTER I had moved out.

It also seems a bit unsettling that their "breakdown" of the charges includes cleaning the windows, vacuuming, and there is a stain on the lounge carpet when the inventory they have (unsigned by me) doesn't mention that the windows were completely clean, and it doesn't mention that the carpets were stain free. In fact, the inventory mentions the lounge carpets had "some small stains", but the woman at the lettings agency explained to me that I'm being charged because there are "new stains in a different place". The inventory doesn't mention position-specific stains.

Also, as a final nail, the lettings agency don't have an agreed signed inventory from me, accepting their thoughts on the condition of the house, so they have nothing in writing from me to compare before-and-after.

It seems as if it's worth disputing, but it's been useful getting people's advice on here, especially those that have been through a similar scenario.

I wrote an email back explaining my reasons for dispute, and asked them to provide evidence of the clean before I moved in. If they can do this, I'll pay it. If not, I'll continue with the dispute and see what happens.

DaftyDuck

Am I getting my threads confused? I thought it had been recarpeted and redecorated prior to your moving in... Ah, they say it was... yet stains on the carpet??? Does not compute. Maybe you should ask them to clarify how this could be...

No, I'm not saying there's no room for dispute. One problem that's common is one person's tidy is another's unclean.

I do expect carpets in the clean houses I rent to be carpet-shampooed before tenant departs. Says so on the agreement, and there's an informal letter suggesting who to use for cleaning (though I don't insist a professional does it!). I would expect all windows to be cleaned as well. Certainly, bath sinks and loos should be gleaming, bathroom floor washed, all kitchen cupboards wiped clean inside, draws and doors, fridge cleaned inside..., that kind of stuff.

The pet-freindly house... that's usually cleaned by mutual consent - using a skip, a broom, a mop or three- and a LOT of bleach!

I think, if they can indeed provide evidence of the clean, you are right to chalk it up to experience. £120 isn't too much for a clean.


However... prior stains listed on the inventory when "the property had been redecorated throughout with new carpets " before you moved in.... Hmmm Worth pointing out the inconsistency, methinks.

LauraLou1982

I feel for you, I had exactly this situation in a flat I lived in a few years ago. Got it through a LA that we didn't realise had an awful reputation and we were first time renters - cue picking keys up from the office after they had done an inventory alone which we signed at the office...apparantly flat was professionaly cleaned before we moved in but was clearly not, we didnt quibble this though, just cleaned it ourselves. Model tenants for 4 years and then gave notice...on leaving the landlord/LA wanted £220 for professional cleaning and another £320 for repainting the shower room, where the paint had flaked away at the very top of the wall...apparantly they could tell this was because we hadnt put the fan on whilst showering (what the fan that comes on automatically with the light?!)
Go hardly any of our deposit back and we were counting on that money! Had I not been 9 months pregnant I would have taken them to dispute, wish I had now.
Getting the keys to my new rented house next week and now being wiser and doing it alone I shall certainly be doing all I can to protect myself!

onlyroz

You're saying that they "didn't mention" that you would need to do a professional clean but you have also admitted that you've lost the contract. So you're basically saying that you've no idea whether you need to do a clean or not. Therefore you either need to pay up for the clean or dispute it, accepting that there's a fair chance that there's a clause in your contract that you need bothered to read.

sharpee

In our last rental property our contract stated weaned to have the carpets professionally cleaned.

Our LL tried to deduct over £600 for damages.

We raised a dispute and had to provide evidence to supports why we thought the deductions were unfair this included:

* a copy of the tenancy agreement
* a copy of the dual signed inventory
* a copy of the check out inspection
* photos we took on the last day of tenancy

Luckily the LL was trying to deduct moneis for damages not mention in the check out inspection. Pus our photos disproved some of his claims. In all he only ended up with £50 instead of £650