Landlord's Cleaning Charge

ERB20

Hi All!

I'm looking for some advice on our landlord wanting to charge us for cleaning the flat we've moved out of. Here's the deal:

We moved out of the flat on the 17th January and I handed the keys back to the landlord on the 2nd of February believing that the end of our tenancy was the 7th February.

As it turns out our contract runs to the 7th March so we're still liable for the flat even though we haven't lived there for over a month. This is fine except, as I've handed the keys back already the landlord has already carried out their inspection of the flat and emailed to say she wasn't happy with the cleanliness.

We have offered to go back to the flat and clean as we don't want a dispute over it and seeing as we're still responsible for the flat it seemed the most obvious solution. But, the landlord has refused to let us back in to clean and now wants to charge us for professional cleaning (which she has already booked for the 6th March, a day before the end of our tenancy).

I was wondering what your thoughts are on this - I found it a little unfair seeing as we're technically still the tenants.

Any help is much appreciated!

G_M

If the tenancy has not ended, and you are still paying (or have paid) rent, then just go back in.

If you have no keys, ask for them.

If the keys are refused then

a) illegal eviction (Protection from Eviction Act 1977 ) or
b) LL has accepted Early Surrender and tenancy HAS ended.

See also

* Deposits (payment, protection and return)

dacouch

On what date did you give notice?

On what date did your tenancy start?

Were you in the fixed part of the tenancy agreement?

G_M

dacouch wrote: »

On what date did you give notice?
How much notice did you give?

On what date did your tenancy start?


Were you in the fixed part of the tenancy agreement?

What date should the fixed term end?

ERB20

What date should the fixed term end?
- 07th March 2015

On what date did you give notice?
- this is a long answer; we agreed with the landlord in December that we would surrender the flat early (at the end of January) due to us having bought a house. The only condition for surrendering early would be that they have someone to replace us. If noone was found then we would be responsible for the flat until the end of our contracted period. Unfortunately they didn't find someone to take over the flat until our contracted tenancy ended and so the landlord gave notice for us on the 7th February, a month before the end of the contract.

On what date did your tenancy start?
- 08th March 2014

Were you in the fixed part of the agreement?
- yes

I have no keys, as mentioned in my original post I handed them back on 02nd February as I thought they had found someone to take over the flat from us. I was later informed that they had not.

I have asked for the keys back, several times, as I would like the opportunity to go in and rectify the things the landlord has picked up on but they have said no and booked the professional cleaners anyway.

stator

What does the tenancy agreement say about leaving? Does it say you have to pay for professional cleaners?

ERB20

nope, just that it has to be left in the same state that we found it (less wear and tear).

To be honest it wasn't clean when we moved in but I don't have photographs to prove this and we moved in in a hurry due to unfortunate circumstances with our previous flat which didn't give them time to go in and clean anyway.

Soleil_lune

Sounds very much like your landlord is trying to make some effort to make some money from you for 'cleaning.' Very common practice with some landlords (not all, but some.) They take great pleasure (some of them) in making sure that the exit inspection includes 'rubbish removal,' 'cleaning,' and sometimes 'gardening,' so they can squeeze a few hundreds out of you. No matter how sparkly and shiny you leave the property, they will ALWAYS find something to charge you with to enable them to steal part of your deposit.

My old landlord tried this when I moved, and told the agent (and the DPS,) that she had spent £250 on rubbish removal and cleaning and gardening, but when I told the agent I wanted proof; ie; receipts and invoices from the contractors she claimed had done all the work, she (shockingly) could not provide them.

So I challenged it with the DPS, and won. I got my whole deposit back. She was clearly just trying it on. It sounds like yours is too.

And I agree with GM; you have a right to go in until the end of your tenancy. Do you go through an agent? Do you have your deposit protected? Sounds like your LL is taking the pee. Don't let him/her get away with it!

sniggings

get proof, emails etc that the LL says you cannot go in, I would let the LL carry on with it and then make a dispute with the deposit scheme.

If you are paying rent then you have a right to go in, she cannot claim money for cleaning if she is not allowing you in.

G_M

Dear Mr Landlord,

Further to our discussions over cleaning I am writing to remind you that our tenancy runs until 7th March 2015, and we have paid rent until that date.

During previous discussions, it was agreed that an Early Surrender would be accepted if a replacement tenant could be found.

I understand no replacement tenant has been found, so my tenancy has not been surrendered, and therefore continues to March 7th.

Although we have several times requested keys so as to regain access to the property, this has been refused, constituting an illegal eviction, contrary to the Protection from Eviction Act 1977.

I remind you that "A person guilty of an offence under this section shall be liable on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both."

With regards to the issue of cleaning, should a deduction be proposed from my deposit, I shall of course raise a dispute with the deposit scheme, and cite the denial of access as explanation for the condition of the property at the end of the tenancy.

Yours sincerely,

Erb20

---

send it BY LETTER to the address "for the serving of notices"

ERB20

Thanks guys

We've not gone through an agent, we deal directly with the landlord as actually the landlord is affiliated with the company that I work for. This part of the reason I've tried to be really careful with this as I don't want it to come back and bite me in the !!!! at work.

I have everything in writing as we communicate via email. I don't know if it's worth pressing her for the keys again and then saying we won't be held accountable for any cleaning charges should she impose them?