Leaving rental, given list of 'obligations' over and above our contract?

KiT155

We have a 12 month fixed-term tenancy agreement. This has been renewed each year for four years.

We are now buying our own house and will not be renewing the tenancy when it ends in September. I told the agent this at our last inspection and she insisted we needed to give one month written notice to quit. I know that, legally, we do not need to and there is no mention of notice at all in the tenancy agreement, but I was happy to give notice anyway. So I sent a carefully worded letter stating our intentions not to renew but that we would fulfil all terms of the tenancy agreement upon leaving... Perhaps preempting what was coming next...

The response was a polite thank you and that we would be receiving a formal acknowledgement and a 'list of obligations' in due course.

Not necessarily ominous, except our neighbours (same letting agents and LL) have recently moved out and so I am aware of the 'obligations' that were demanded. Many of which appear to be in the contract: chimney swept, oil tank at correct level etc. All fine. But there was an additional obligation to have the house professionally cleaned and provide the invoice as proof of this.

I have never had this in any rental property before and I am certain, after scouring the tenancy agreement thoroughly, that our only legal requirement is to return the property in a clean and functioning state as it was when we moved in. No mention of professional cleaning or evidence of invoices.

I am perfectly capable of cleaning the house to a standard, arguably on level, if not higher, than some professional cleaners and have no intention of paying someone to do the job for me.

So my question is: can they enforce this 'obligation' without mention of it in our legal contract? Or can they only inspect at inventory and complain if they feel it isn't up to the correct standard? We've generally had a good relationship with our LLs and the letting agent, but I am a bit of a worrier and can foresee arguments and deposit issues over this so I'd like to know where we stand before we receive the formal letter and obligations.

Additionally would you respond straight away to the letter and query the demands or just hold off until keys are returned and then take it up with the deposit scheme?

Marvel1

I'd be tmepted to ask what qualifications is there for a "professional" cleaner.

I hope I'm right in saying if it not mentioned in contract at first then no you don't have too. I would not bother contacting them about it, instead clean it myself, take photos/videos with a timestamp. Whoever the depoist is protected with, I would start reading the appeal process now ready - it is simple enough though.

pinkshoes

I would ask them to clarify which part of the contract refers to the obligation to use a professional cleaner, and state that the house will be left to a high standard of cleanliness as per your own standards, and a "clean and functional state" as per the contract.

Pixie5740

Even if your TA says a "professional" clean is required it's not an enforceable clause. It doesn't matter whether you achieve the required level of cleanliness by hiring a cleaner or by applying some elbow grease. All that matters is that you leave the property in the same condition as it was in at the start of your tenancy minus fair wear & tear.

If the chimney was swept prior to you moving in then yes you should sweep it if you want to get all your deposit back. If it wasn't swept prior to the start of your tenancy then you don't have to do it.

robatwork

What mention is made of this "list of obligations" in your lease?

If nothing then it's just wishful thinking from the LL. Just get the property back to the state it was in when you moved in, allowing for wear & tear. Did you sign an inventory? Time to dig it out and check everything is there. And you did take lots of pictures before you moved in didn't you?

G_M

No point in responding as
* you'll simply start a back/forth communication which will be time-consuming /stressful
* it will alienate the agent - why upset them before you need to?

You mention a 'list of obligations'. We cannot comment on a 'list', only on specific items indvidually.

*oil tank - clearly you were supplied with some oil at the start so should leave the same amount at the end. Since this is hard toarrange, it's reasonable for a financial adjustment to be made if you leave more/less, based on current prices
* cleaning - no you canot be forced to supply an invoice. Provided the house is as cleaner (or cleaner) when you leave as when you arrived, you're fine
* chimney - again, was it swept/clean when you arrived? If yes, you should sweep it. If not, you needn't

Stop worying for now. It's pointless. Deal with any disputes when they arise ie when claiming your deposit.

See also

* Deposits: payment, protection and return

FBaby

You don't have to have it professionally cleaned, but you better be sure that your standard are indeed to that because if they dispute the deposit on the basis that they don't think the place is clean and it goes to arbitration, and they can evidence it was professionally cleaned when you moved in, and pictures shows that it is not to the same standard and the arbitrator agrees, you could end up paying the bill.

We had that once, the tenants asked if they could just clean it themselves and we said ok, but it would need to be to the same standard and they said it would be. We had doubts as the place didn't look clean when we did inspections. Sure enough, their standards was very different to ours. They claimed that the place was cleaned, but from their perspective was surface clean. The inside of cupboards were not cleaned, behind doors filthy, they had not dusted the skirting boards etc... all things that were done before they moved in by a professional cleaner. It ended up with the deposit scheme arbitration and they agreed with us.

KiT155

Thank you. I am confident that my levels of cleanliness are on level with, and above, some professional companies I have experienced in the past so I have no worries in disputing any claims at the end. But I will be sure to take pictures to make sure.

Adding further complication is the fact that, written at the beginning of our current tenancy agreement under the contents, it states:

'Inventory - we understand from both parties that there is no current inventory of the property'

We do still have a copy of the original inventory from four years ago, and will aim to get things as close to that level as possible, allowing for work that has been done on the property since then, but there are items missing from the property that were cleared by the landlord (a shed with unit and chairs in for example) but the letting agent may not have been notified at the time. I imagine that the statement should cover the fact that those items are not present any more?

Only time will tell I guess what comes of it. Thank you for your advice and giving me a bit of confidence to face any issues though, should they arise.

DRP

Although you don't legally have, to it isn't worth antagonising anyone over it. Just get a written receipt from a pal or relative saying that you'd paid them to do it.

Not necessarily incorrect if you've draughted in parents to help, for example.

G_M

KiT155 wrote: »

'Inventory - we understand from both parties that there is no current inventory of the property'
I don't understand - I thought this was your tenancy? Who are 'both parties'?

We do still have a copy of the original inventory from four years ago,
So that is the relevant inventory against which the check out should be compared
and will aim to get things as close to that level as possible, allowing for work that has been done on the property since then, but there are items missing from the property that were cleared by the landlord (a shed with unit and chairs in for example)
Presumably you have the landlord's consent in writing, so that should be no problem
but the letting agent may not have been notified at the time.
Submit the letter/email you received from the LL at the time.
I imagine that the statement should cover the fact that those items are not present any more?
Well, if the LL has made a statement to his agents confirming this, why should there be a problem?

Best of luck

AylesburyDuck

Also take plenty of photos before you leave these can be used if there are any disputes.