Tenant is withholding part of rent for oven cleaning that wasn't agreed

jonstarling

Good afternoon,

I have a new tenant who wants the oven professionally cleaned again and I never agreed to this. The previous tenant left the flat in a pretty good shape and I have the estate agent's email to the new tenant clearly stating that the I'm letting the property as it is and would not be doing extra work to it. The email confirms that this was agreed with the tenant and she opted to proceed with the let.

The inventory has photos of the oven in a good state as well and doesn't mention needing a cleaning.

In her last email, the tenant says: "I will proceed to clean the oven for hygiene reasons. And withhold this from the rent".

I spoke to the agency and they're saying that if she withholds part of rent for something that was never agreed, she will be in arrears and this will be reflected in her referencing in the future.

Can someone explain this to me in legal terms so I can put it forward to the tenant please?

Thank you in advance.

Comms69

Well you can choose to pursue the arrears now, or take from the deposit when the tenancy ends.

m0bov

She will be in arrears. I'd be looking to get her out asap and lba for the amount.

With a ccj it will ge impossible for her to rent again.

theartfullodger

Serve s8g10 TODAY.

EmmyLou30

Or to look at it another way....be glad you have a tenant with high standards of cleanliness who will no doubt return the property cleaner than you have given it to her.


I find that a letting agent's idea of 'clean' and ready for a new tenant to take over is far far below the standard I'd use to keep animals in let alone me and my family.

muhandis

Out of interest, how would this situation get to a CCJ?

Wouldn't the LL be able to get the money from the deposit he/she holds?

m0bov wrote: »

She will be in arrears. I'd be looking to get her out asap and lba for the amount.

With a ccj it will ge impossible for her to rent again.

jonstarling

This is only our second tenant and the first one was perfect. No late payments, and left the flat in the same condition as it was when she went in.

So I have no experience with dealing with arrears, etc.

How do I word my email to her that basically says, if she withholds part of rent, I will be withholding the same amount from her deposit?

Comms69

jonstarling wrote: »

This is only our second tenant and the first one was perfect. No late payments, and left the flat in the same condition as it was when she went in.

So I have no experience with dealing with arrears, etc.

How do I word my email to her that basically says, if she withholds part of rent, I will be withholding the same amount from her deposit?

Why would you need to?


It will likely say that in the tenancy agreement anyway. (and to be frank it's why you have an agent to deal with this)

need_an_answer

If an inventory was agreed at the start of the tenancy then the tenant has no need to clean the oven and withhold monies....she should just clean it to her standard if that is higher than what was provided and leave it in the same state as she took it when she leaves.

A pack of oven pride has never let me down as a LL for a check in inventory and costs £3.

A professional oven clean can cost around £70 if a cooker hood is included.

I would be inclined to write to the tenant and express that you are saddened that she didn't find the oven clean when she moved in and will take that into consideration when she vacates the property.

Suggest that she is free to clean the oven either using a domestic product or professional cleaning,however you will not be reimbursing her for the clean and any deduction from her due rental payments will cause an arrears situation which she may be charged for.

In accepting the inventory when she moved in she is accepting the condition of the items as detailed...did she make any note of the cleanliness of the oven when she signed the inventory?

You say" in her last email..."is this a long on going saga with picky bits or specifically just the oven?

G_M

Your choice:

1) you want to keep this tenant long-term? Keep them happy? Either go and visit and have a friendly chat to resolve, or send in professional cleaners. The expense to you is minimal andkeeps the tenant happy

2) you perceive this tenant as potential trouble and want them out? You ignore the email. As soon as there are arrears (ie the full rent is not paid), you send a letter, politely pointing out the arrears (with financial breakdown), and enclose a S8 ground 10 Notice. See

Schedule 2 (17 S8 Grounds a LL can use)

If /when arrears => 2months rent, serve a S8 Ground 8 Notice.

jonstarling

This is a long saga... She mentioned the oven after she signed the agreement and moved in. And said it was promised to her that it was going to be professionally cleaned.

I thought the agent promised this without my knowledge. That's when the agent forwarded me the email that she previously sent the tenant that says "it was explained to you that landlord would not be doing anything at the property and this was agreed with yourselves and you opted to proceed with the let." So she knew that she was letting the flat as is.

There were doors and windows that were mysteriously not opening at all! and we had to send a handyman twice and in the end he had to take photos of them fully open to prove that there was nothing wrong with the door or the window. (mind you, this is not a flat converted from an old house with potential problems, it's a fairly new apartment building with 50 flats!)

I think we've been really lucky with our first tenant and this completely the opposite...

And no, this is not a tenant that we would like to keep long term.

Thank you all for your help.