Cleaning requirement in tenancy agreement - still enforceable?

ianos_2

We'll be ending our tenancy soon - well, 30 days or so after we give notice - and I've been looking for clarification on one thing before we're out of here.

Basically there are a couple of added lines to our tenancy agreement when we signed for the property in 2018, and I'm wondering if they're still enforceable now the Tenant Fees Act has come into force for all assured shorthold tenancies. The lines are:

- "Septic tank at property - tenant's responsibility to empty" - ignore this one, am definitely liable for this

- "All floors and carpets to be professionally cleaned and flea treated at end of tenancy"

Neither requires we use a specific third party, but both require we do engage the services of a third party, so I'm genuinely not sure where the Act lands in this respect. I've been in touch with Citizen's Advice but they sent a response that was patently wrong (i.e. 'the act only covers new tenancies signed on or after June 1 2019', which is demonstrably false), and I've not been able to get anyone on Shelter's online chat as it's constantly - understandably - busy. So I've turned here!

For the record, neither I nor my wife wish to stiff the landlord - we'll be cleaning the house thoroughly before leaving - I'd just prefer to save a couple of hundred quid on these extras if it's reasonably possible.

SeanG79

Save yourself the headache of a dispute later and get a 3rd party...

SeanG79

And to add, I would use a third party recommended by the agent or landlord so if there are issues you have an in invoice from their recommended supplier...

SpiderLegs

Which part of the tenants fees act so you think this issue relates to?

your requirement is to leave the property in the same state as received. Therefore if the septic tank was empty when you moved in but is now full you can empty it yourself if you want.

The same with cleaning. Cleaning it yourself is fine as long as you do it ‘professionally’, whatever that means.

ianos_2

SpiderLegs said:

Which part of the tenants fees act so you think this issue relates to?

your requirement is to leave the property in the same state as received. Therefore if the septic tank was empty when you moved in but is now full you can empty it yourself if you want.

The same with cleaning. Cleaning it yourself is fine as long as you do it ‘professionally’, whatever that means.

I think the septic tank is one I wasn't thinking through fully, that's obviously something we'll pay to get sorted.

What I'm thinking about is the requirement for professional cleaning - as far as I'm aware, the tenant act means you can't be told to use third-party services for things like cleaning. Some sites I've seen specifically mention factors like flea treatment as a no-no. But as there are no specific costs attributed, nor recommendations of who to use, I'm not sure about it.

And 'professional' means someone who does it as a paid job, so a paid for service.

princeofpounds

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819635/TFA_Tenant_Guidance_190722.pdf
Pg 31:

Q. Can a landlord or agent ask me to pay for a professional clean at the end of a tenancy? No. A landlord or agent cannot require you to pay for a professional clean when you check-out. However, if your tenancy was entered into before 1 June 2019 and you agreed in your contract to pay fees for cleaning to be provided then a landlord or agent can continue to charge these fees up until 31 May 2020. From 1 June 2020, the term requiring that payment will no longer be binding on you. If you believe the level of fees being charged is unfair, you should discuss this with your landlord or agent. A landlord or agent may request that the property is cleaned to a professional standard. You are responsible for ensuring that the property is returned in the condition you found it, aside from any fair wear and tear. Fair wear and tear is considered to be defects which occur naturally or as part of the tenant's reasonable use of the premises.
Etc...

Pg 33:
Q. Can a landlord or agent ask me to pay fees through a third party? No. Under the ban, your landlord or agent cannot require you to pay for the services of a third party. However, if you prefer to employ the services of a third party, for example, by purchasing your own reference check or inventory service, you will be responsible for any associated costs. 

Pg 34:
Q. What if I choose to pay for my own third-party service? You can use the services of a third party if you choose to do so. For example, you may use a reference checking company, deposit replacement product or inventory service. If you do this and this has not been required by the landlord or agent, you cannot charge these back to the landlord/agent and you are responsible for the cost. A landlord or agent cannot require you to meet any conditions that could only be met by paying a fee for a third-party service. For example, requiring a professional clean at the end of the tenancy. However, a landlord or agent 
So, if the tenancy is covered by the act, this is the guidance.

Anyway, with regards to those contractual terms - they are still enforceable in some ways; they still form part of a contract. If you fail to meet them (minus the third party requirement), AND the landlord suffers loss or damage as a result, then you may be liable.

The key point here is loss or damage - the landlord has nothing to sue for (or contest at arbitration) if they are in the same position they would have been otherwise. So if the carpets are cleaned to a good standard (who know what professionally means, carpet cleaning is not a profession), they have nothing to sue for. If the septic tank is emptied, they have nothing to sue for.

Comms69

ianos_2 said:

We'll be ending our tenancy soon - well, 30 days or so after we give notice - and I've been looking for clarification on one thing before we're out of here.

Basically there are a couple of added lines to our tenancy agreement when we signed for the property in 2018, and I'm wondering if they're still enforceable now the Tenant Fees Act has come into force for all assured shorthold tenancies. The lines are:

- "Septic tank at property - tenant's responsibility to empty" - yes enforceable, assuming it was empty when you took the property

- "All floors and carpets to be professionally cleaned and flea treated at end of tenancy" - not enforceable, as in you cannot be obliged to hire someone. But you must return it as you received it less wear and tear. 

Neither requires we use a specific third party, but both require we do engage the services of a third party, so I'm genuinely not sure where the Act lands in this respect. I've been in touch with Citizen's Advice but they sent a response that was patently wrong (i.e. 'the act only covers new tenancies signed on or after June 1 2019', which is demonstrably false), and I've not been able to get anyone on Shelter's online chat as it's constantly - understandably - busy. So I've turned here!

For the record, neither I nor my wife wish to stiff the landlord - we'll be cleaning the house thoroughly before leaving - I'd just prefer to save a couple of hundred quid on these extras if it's reasonably possible.

In short you must return it how you were given it.

ianos_2

princeofpounds said:

*snip*
A landlord or agent cannot require you to meet any conditions that could only be met by paying a fee for a third-party service. For example, requiring a professional clean at the end of the tenancy. 
So, if the tenancy is covered by the act, this is the guidance.

Anyway, with regards to those contractual terms - they are still enforceable in some ways; they still form part of a contract. If you fail to meet them (minus the third party requirement), AND the landlord suffers loss or damage as a result, then you may be liable.

The key point here is loss or damage - the landlord has nothing to sue for (or contest at arbitration) if they are in the same position they would have been otherwise. So if the carpets are cleaned to a good standard (who know what professionally means, carpet cleaning is not a profession), they have nothing to sue for. If the septic tank is emptied, they have nothing to sue for.

Makes sense, thanks. The septic tank will be emptied by a pro, because honestly I'm just not very good at vacuuming effluent out of a receptacle. The house, meanwhile, we'll clean ourselves - rather than spending hundreds of pounds on professional end of tenancy services.

Given there are no fleas, it doesn't need flea treatment.

ianos_2

Comms69 said:

In short you must return it how you were given it.

Not the question asked, but sure.
Apologies, I didn't realise you'd addressed things in the quoted text. My mistake.

greatcrested

Not quite as above.

The septic tank is a utility. If you were in town, you'd be paying the relevant water company to supply your water and remove your waste (grey) water. Or you could, I suppose, get all your water from the supermarket in bottles and only empty your bladder and bowels at public conveniences (except they're all closed for now).

So yes, the 1st clause is no different to a clause rquiring you to pay for gas, electricity etc. Do you have mains water, or get it from a well?

The 2nd clause has been added, I suspect, because you have a dog/pet(s)? Is it perhaps a condition to accepting a pet? The flea treatment is a fair extra fee in my view as the last thing a landlord wants is his next tenant complaining of fleas...... however he Act seems to ban this. A LL can charge to change the contract but not it seems forspecial end of tenancy cleaning.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819634/TFA_Landlord_and_Agent_Guidance_190722.pdf

Where a tenant requests a change to the tenancy agreement (e.g. a change of sharer or permission to keep pets on the property) you are entitled to charge up to £50 for the work involved in amending the tenancy agreement or the amount of your reasonable costs if they are higher.

[Deleted User]

What isn't coming out in the answers is 1) Return it to the standard you received it, yes.  But as Great above suggests,  'professional' cleaning isn't easily defined.  There is no profession standard for cleaning and some paid for services are not good.  So you should be fine doing it to a high standard yourself but remember to include cupboard tops and skirting boards. Clean the oven with something like Ovenpride to save some scrubbing.  Sodium Bicarbonite and white vinegar are really good for removing grease etc. 

If the LL takes it through the dispute service, you will get any fees the LL tries to charge back as long as you can prove the property was cleaned to a high standard (take photos).