Periodic tenancy notice

booksurr

jjlandlord wrote: »

It's not so simple.

rather than post smug one liners why don't you add value to your membership of this board and contribute your knowledge then

G_M

Dagon666 wrote: »

... One more thing. In the agreement I have a couple of special clauses, .... Does any of theses have any meaning since the agreement expired ?

Yes.

The terms of a SPT are exactly the same as they were for the original fixed term agreement with just one exception: the way the tenancy ends.

Instead of ending after the fixed term (or via the Break Clause) it is ended by notice.

As per the link provided earlier (post 2). Have you read it?

jjlandlord

booksurr wrote: »

rather than post smug one liners why don't you add value to your membership of this board and contribute your knowledge then

You're welcome.

booksurr

jjlandlord wrote: »

You're welcome.

excellent, I take it you don't know then

Dagon666

Personally I wouldn't worry about it. Just clean the place. I would dispute any deductions made from your deposit by the LL and let them try and justify the deduction themselves.

Although it's not specified in the agreement the LL may expect an invoice from the cleaning company.

HappyMJ

Dagon666 wrote: »

Although it's not specified in the agreement the LL may expect an invoice from the cleaning company.

Again...don't worry about it. You are not required to use a particular company. You could use a sole trader. That sole trader may just give you a hand written receipt or may not give you anything at all. Cleaners usually work for cash for a handful of clients they don't tend to invoice and nor do they run a full accounts system with debtors and creditors. They just carry out their job for a few hours then pick up the £20 left on the kitchen worktop and leave. They then deposit that in the business bank account and declare that as income. They'll then go to the cash and carry using the business account debit card to buy a load of new cleaning materials and declare that as an expense. They won't bother with purchase orders, invoices, credit notes and all the other stuff that companies issue. At the end of the month they'll pay an instalment of tax and transfer the rest to their own personal current account. Record keeping to such an intimate detail isn't really required.

Dagon666

Again...don't worry about it. You are not required to use a particular company.

Again, I'm not so sure if I can do that. The agreement strictly specifies that I need to use company XYZ. The agreement doesn't state that I need to produce the invoice though. But I guess the LL can simply call that company in order to confirm if they've done anything with that particular property.

The agreement doesn't specify the range of works to be done as well.

The exact quote is:

The Landlord has had the property professionally cleaned by company XYZ prior to the Tenants occupation. The tenant will need to have the property professionally cleaned at the end at his own expense prior to vacation by company XYZ.

The reason I don't really want to pay for that is that I have doubts that the property was really professionally cleaned prior to me occupying it. At that time it simply didn't cross my mind to request an invoice from the Landlord for that service and as I said earlier I was running out of time and I didn't want to cause unnecessary problems and eventually loose the deal.

Gigervamp

It would be interesting to have a look at Companies House and see if that cleaning company is owned by the landlord (or a relative). Because, I suspect that the reason that company is specified is because of ties to the landlord, or he gets a kickback from them if you use them.

G_M

You've already received correct advice, but for the avoidance of doubt:

* there is an implied term in every contract that the tenant return the property to the landlord in the same condition as it was at the start

* if the LL thinks the property is dirtier than at the start, he can claim the cost of putting it right (cleaning cost), usually via a deducion from the deposit

* if the tenant disagrees, he can object to the deposit deducion and pas it to the deposit scheme for arbitration

* the onus is then on the LL to justify the deduction, usually by showing 'before' 'and after' evidence ( photos, check-in Vs check-out report)

* the tenant can also submit similar relevant evidence (eg photos, witness statement etc)

* The clause you quote in the contract adds an additional contractual agreement. However it is unlikely that any arbitrator or court, having ruled that no deduction was justified under the implied term above, would then rule in favour of the LL because xyz company had not been used to acomplish the cleaning.

Ignore the clause. Clean the property. Take photos. Ask an independant witness (friend, colleague, even estate agent!) to look at the property and agree it is clean. Then request your deposit back in full and see what happens....

read:

* Deposits: payment, protection and return

ps:

It's not so simple.

I miss jj and his helpful one-liners.......