Tenants moving out at end of month, no inventory/deposit

Pixie5740

jamesd wrote: »

Did you at least have all of that in their tenancy agreement so you can claim that they have a contractual obligation to you to do it? It's too late to add new contract terms now.

jamesd wrote: »

If the contract requires a professional clean and nothing else, expect them to make their choice of cleaning service and standards.

What does the contract say about which independent body is to determine whether cleaning to what standard is required beyond the condition in which they leave the property?

Landlords can put whatever they like about tenants having to get a professional clean done at the end of the tenancy into a tenancy agreement but it doesn't make it any more enforceable than saying the tenants have to wash the windows with unicorn tears.

G_M

CCLandlord wrote: »

Hi,

I have wrote to tenants detailing my cleaning specification but they have yet to confirm or reply.

You have no right to make a cleaning specification.

The tenants should leave the property as they found it (less wear and tear). How they achieve this is their business. They can

* use the hoover and cloths
* get their mums round for the day
* employ an East European maid on below minimum wage (though you could report that to .. err... not sure who but you get the idea)
* give a contract to a professional cleaning company
* lick the floor with their tongues

It's the result that matters, not how they achieve it.

Ah! "The result". Whether the 'result' matches the condition at the start of the tenancy may become a matter of dispute. Without an inventory (or photos?), you will struggle to prove they have left the place dirtier than they found it. So although you could sue them in the courts, convincing a judge would be hard.

Similarly with missing items.

* New landlords: advice, information & links

[Deleted User]

You couldn't be bothered with the hassle of what to do with a deposit (which is also called security.., for a reason).., or inventory so now you have the hassle of doing whatever they won't do once they leave.

Slight hassle at beginning can save major hassle and expense at the end.

Your choice.

If you can't prove the conditions of the property at the beginning of the tenancy, you can't hope to prove any damage/uncleanliness is down to them as tenants at the end of it. It doesn't matter what is in your TA.., you have to prove you have are owed damages etc. You can't.

G_M

deannatrois wrote: »

....., you have to prove you have are owed damages etc. You can't.

unless of course the OP has other evidence:

* receipt for brand new carpets laid in the week before the tenancy started?
* receipt from professional cleaning company for immediately before tenancy?
* reliable witness statements from independant witnesses as to state /contents of property?

clutching at straws but....

jamesd

Pixie5740 wrote: »

Landlords can put whatever they like about tenants having to get a professional clean done at the end of the tenancy into a tenancy agreement but it doesn't make it any more enforceable than saying the tenants have to wash the windows with unicorn tears.

Unless it's an unfair contract term, it's potentially enforceable, unlike requiring a supply of tears from unicorns for window cleaning. Though only to the extent that the tenant's own cleaning isn't to a professional standard, unless it was clearly individually negotiated as a term and both clearly did envision the tenant paying for a cleaning firm regardless of condition. Professional firm without regard to how good a job the tenant did would tend to shift things towards an unfair contract term.

Pixie5740

jamesd wrote: »

Unless it's an unfair contract term, it's potentially enforceable, unlike requiring a supply of tears from unicorns for window cleaning. Though only to the extent that the tenant's own cleaning isn't to a professional standard, unless it was clearly individually negotiated as a term and both clearly did envision the tenant paying for a cleaning firm regardless of condition. Professional firm without regard to how good a job the tenant did would tend to shift things towards an unfair contract term.

What is a professional standard of cleaning? Who sets this standard? The UK Council of Cleaners? The British Cleaning Guild?

Cleaners are not like Gas Safety Registered Engineers with an official list and qualifications. I have hired cleaners before who did a truly woeful job and others than have been absolutely brilliant.

The tenant just has to leave the place in the same condition that it was at the start of the tenancy minus any fair wear and tear. Anything over and above this is betterment which, legally, the LL is not entitled to.

jamesd

Pixie5740, if you're going to repeat what I already said you might just quote my post instead of typing it with different words yourself.

Pixie5740

:wall: :wall: :wall:

theartfullodger

Pixie5740 wrote: »

What is a professional standard of cleaning? Who sets this standard? The UK Council of Cleaners? The British Cleaning Guild?

Cleaners are not like Gas Safety Registered Engineers with an official list and qualifications. I have hired cleaners before who did a truly woeful job and others than have been absolutely brilliant.

The tenant just has to leave the place in the same condition that it was at the start of the tenancy minus any fair wear and tear. Anything over and above this is betterment which, legally, the LL is not entitled to.

Very wise advice Pixie & very well put IMHO.

Also see OFT guidance here, now adopted by the Competition & Markets Authority...
https://www.gov.uk/government/publications/unfair-terms-in-tenancy-agreements--2
In particular page 50 ...

• excessive cleaning charges - as a matter of normal practice in short lets, reflecting the common law, tenants are expected to return the property in as good and clean a condition as it was when they received it, with fair wear and tear excepted. We therefore commonly object to
terms that could be used to make the tenant pay for the property to be cleaned to a higher standard than it was in at the start of the tenancy, or that require cleaning regardless of whether or not this is necessary for the tenant to comply with their normal obligations with regard to the state of the property.

Reue

Obvious troll is obvious.