Can the landlord make us use a particular cleaning company?

allyc22

We've been renting a flat for a few years and are about to move out. We've received an email from the landlord stating that we must get the property professionally cleaned and the carpets steam-cleaned or he will retain at least some of our deposit. He's specified that we must use one particular company. The prices of this cleaning company are far higher than many other similar cleaning companies and this email has arrived less than two weeks before the end of the tenancy so I probably won't be able to get time off work to let them in as many of my colleagues will still be on holiday. I've checked the contract and there is a clause which states that we must get the property professionally cleaned by a contractor approved by the landlord. It doesn't say that there is only one approved company. The property was filthy when we moved in.

The landlord's also stating that he will withhold the deposit until we provide him with proof that we've settled all the utilities, council tax etc. Whilst we'll obviously pay the bills and close the accounts straight after leaving I'm concerned that it might take a while for final bills to come through and would like the deposit back as soon as possible.

Can the landlord enforce these terms? Any advice on these matters would be greatly appreciated.

G_M

No. Indeed he cannot make you get the property professionally cleaned at all.

Your obligation is to return the property to the landlord at the end of the tenancy in the same (or better) condition as it was at the start.

* how you achieve this is up to you. Scrub it yourself; get you mum in; pay an Eastern European peanuts; engage a 'professional' cleaning company.

Does not matter - it is the result that matters

* What must be achieved? the same condition, less fair wear and tear. How is this judged? By comparing the condition at the start (usually through an agreed/signed check-in inventory) with a check-out inspection.

Assuming this is Eng/Wales, if you and the LL disagree regarding deductions, you can raise a dispute with whichever deposit protection scheme was used.

chanz4

advice him that bills are no way connected to him, and the contract with the suppliers is between you and them. he cant enforce this one at all

allyc22

Thanks for the advice The landlord didn't do a check-in inventory when we moved in although he says he intends to do a check-out inspection when we leave.

flora48

chanz4 wrote: »

advice him that bills are no way connected to him, and the contract with the suppliers is between you and them. he cant enforce this one at all

This is not entirely true.
My tenant stopped paying council tax on my property on 24th April and began to pay Council Tax on another property in the borough from this date. He gave notice on the 17th April so therefore his tenancy ran till 16th May.

The property did not relet right away and I was left to pick up the bill for over a £100 as he stopped paying CT 3 weeks before the end of his tenancy and now the exemption is only four weeks I was left with the bill, so I think the landlord is entitled to check that all bills are paid before returning the deposit.

SerialRenter

flora48 wrote: »

This is not entirely true.
My tenant stopped paying council tax on my property on 24th April and began to pay Council Tax on another property in the borough from this date. He gave notice on the 17th April so therefore his tenancy ran till 16th May.

The property did not relet right away and I was left to pick up the bill for over a £100 as he stopped paying CT 3 weeks before the end of his tenancy and now the exemption is only four weeks I was left with the bill, so I think the landlord is entitled to check that all bills are paid before returning the deposit.

A tenant can be liable for council tax in more than one property.
If you had provided the tenancy agreement or other proof to the council that the tenant was still possession of the property they would have chased them for the bill.

You were not responsible for the bill, G_M's post is correct.

princeofpounds

so I think the landlord is entitled to check that all bills are paid before returning the deposit.

What you think doesn't bear any relationship to reality, I am afraid. If the bills are part of a contractual relationship between supplier and tenant, then it's nothing to do with the landlord.

As serialrenter says, the council tax bill you refer to is a different matter, as you seem to have chosen to pay someone else's bill.

jjlandlord

If the tenancy is periodic, the landlord becomes liable for CT to the council as soon as the tenant moves out, and not when the tenancy ends.

Therefore, flora48 had indeed to pay if the tenancy was periodic.

A good tenancy agreement makes the tenant liable to the landlord, and thus it makes perfect sense for the landlord to withhold at least part of the deposit until the CT situation is clarified.
It's much easier than trying to chase the ex-tenant later on.

mchale

chanz4 wrote: »

advice him that bills are no way connected to him, and the contract with the suppliers is between you and them. he cant enforce this one at all

Sorry but problems can occur, just had tenants move out and they gave eon wrong meter readings, I contact eon with new tenants details & correct meter readings, 5 days later I get bill for £43.00 for gas & elec supposedly used in 1 day whilst house was getting cleaned,
The hassle i'm having getting eon to accept correct meter readings is unbelievable, so next time no deposit returned until I see bill with correct meter readings on it.

Herbalus

Jj, Surely only when the move out is agreed with the landlord, and is therefore a surrender of the property and the end of the tenancy as well?

To my mind it makes no sense for the landlord to be responsible for the council tax while there is a tenant - regardless of whether the tenant is living there. If the tenant has moved out two weeks early they should still be liable for the electricity and council tax etc until the end of their contractual obligations to pay? In the same way they're liable for the rent until the end of the contract.

Herbalus

Additionally, and while meter readings etc are technically a business relationship between tenant and supplier, I would make sure I did all that properly and quickly as a tenant so that the landlord could have piece of mind. If the landlord knows the final bills with correct meter readings are on the way to you he should have no issues with releasing deposits - he doesn't need to know they've been paid, just that the utilities company know you're liable for the usage!