Tenancy Term - Cleaning

RAS

Take photos of everything including down the loo etc. Checkl on the top of all cupboards etc.

ShrewsfanIC

Ok. So what's the best way to evidence? Literally photo everything?

When I moved in, this place was dirty and I made a point of putting it on the inventory. I will leave it spotless.

benjus

If the check-in inventory states that it was dirty, they can't expect it to be clean, let alone spotless.

tbh I think most letting agencies do this. When I was due to leave my previous place, I got a snotty letter from the agent telling me that I needed to have professional cleaning done and recommending their favourite cleaning firm. I replied to say that as the check-in inventory clerk did not think it had been cleaned to a professional standard at check-in, I would not be getting it professionally cleaned for check-out. They didn't try to make any claims for cleaning (the landlady did try claiming for some other things, but I disputed them and eventually she settled for a token payment towards some repainting).

Guest101

You return it like the check in says, that's it.

You don't pay for anything.

If you don't return it to the same standard, then they can claim.

Oh and do take photos, but the onus is on the ll to prove you didn't clean

00ec25

Guest101 wrote: »

Probably, but dispute it. It's not lawful

I do not think you can be that categorical at this stage

although this was done in 2006 and may well have now had test cases to set the precedent the OFT guide on unfair tenancy agreement terms http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf gets very vexed over the requirement to return a property after it has been professionally cleaned and decided that was indeed an unfair term. I'm not going to list every reference but start on page 84 also use the search function within the pdf to find the other references to "professional"

as you rightly say in your later post returning it clean to a professional standard is what matters and is very different to having it cleaned by a professional - since as the cynics note that was often done by the LL staff or where the LL got a kickback so had little to do with the actual cleaning

so as for the OP, your deposit service will be aware of the OFT guidance and now you are too you can remind them if needs be!
Dispute any claim made by your LL for cleaning if you can evidence that on check out inspection the property was at least the same standard as check in as that meets what is regarded as a fair contract

Guest101

00ec25 wrote: »

I do not think you can be that categorical at this stage

although this was done in 2006 and may well have now had test cases to set the precedent the OFT guide on unfair tenancy agreement terms http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf gets very vexed over the requirement to return a property after it has been professionally cleaned and decided that was indeed an unfair term. I'm not going to list every reference but start on page 84 also use the search function within the pdf to find the other references to "professional"

as you rightly say in your later post returning it clean to a professional standard is what matters and is very different to having it cleaned by a professional - since as the cynics note that was often done by the LL staff or where the LL got a kickback so had little to do with the actual cleaning

so as for the OP, your deposit service will be aware of the OFT guidance and now you are too you can remind them if needs be!
Dispute any claim made by your LL for cleaning if you can evidence that on check out inspection the property was at least the same standard as check in as that meets what is regarded as a fair contract

Your right my initial reply was not clear, the charge may be lawful if you don't leave it on the same standard that you found it, however they cannot impose it when you have done so

ShrewsfanIC

The inventory states cleaning conditions as 'Good - Domestic' except for where I have made comments and they have been signed off by the agent

No mention of professional cleaning in the entire inventory

G_M

The clause you quote below makes no sense as it says two conflicting things. See my 2 colour highlights:

ShrewsfanIC wrote: »

Hey folks

My tenancy contains the following term (I have only just been made aware of it as have served notice)

7.2 To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the tenancy. The tenant will pay for a professional clean to be carried out by the Landlord's contractor once the property has been vacated. Carpet and upholstery cleaning requirements will be assessed during the check out inspection

The red part does not need stating - it is an implied part of any tenancy contract.
The blue part contradicts the red part, since (as in your case) the property may have been dirty at the start!

Your only responsibility is to leave it as it was at the start. To determine this, see the inventory.