Landlord threatening post tenancy professional cleaning costs that weren't in Inventory

sunflower2222

Hi all,
When we first moved into our old flat (3 bed 1 bath 1 living room, all on one floor- not big), one of our conditions of moving in was that the property, including carpets, would be professionally cleaned (as well as black marks and water stains on walls painted over which never happened). When we moved in it became apparent that a clean hadn't taken place (there were food crumbs in cupboards, stains on cupboard doors, surfaces not wiped down). This was noted in the professional Inventory check in, which states "cleaned to a good domestic level". We brought this up to estate agents and landlord claimed that a professional clean had taken place, we asked for an invoice as evidence which never appeared. We continued to chase on this, and a professional clean of the flat then took place a month after the beginning of the tenancy. However this clean was not documented in pictures or in an Inventory. 
Our contract with the agent states, "21.1. To clean to a professional standard or arrange or compensate the Landlord for the cleaning of the Premises and Fixtures and Fittings at the end of the Tenancy, to the same standard to which the Premises and Fixtures and Fittings were cleaned prior to the start of the Tenancy, as shown in the Inventory and Schedule of Condition". However the landlord is asserting that they will deduct £325 for the professional clean from our deposit if we do not pay for a professional clean. The agency also claims that TDS will uphold this as a legitimate deduction. I've emailed TDS and requested a copy of the invoice as this cost seems extremely high, but does it seem as though they are correct?
I admit that my view of the situation may be tainted by the fact that the landlord has been terrible throughout the tenancy (refused to fix our front door lock for 10 days because the cost was "too high", left us without a working shower for 2 weeks while we had to shower at a nearby gym, refused to replace broken furniture for months after we moved in. The agents had to bypass the landlord to pay for the lock, and landlord forbade the agents from doing this again. The others were only solved when, after around a month of arguing each time, we threatened to withhold rent. This person gives landlords a bad name- I know plenty of lovely and reasonable landlords (plus previous and current landlords are both excellent). 
Can answer any follow up questions, but would appreciate everyone's guidance on this situation- thanks!

Comms69

Such clauses are uneforecable, always have been. Ignore and claim your deposit from the TDS

sunflower2222

Thanks @Comms69, we thought the clause was on our side anyway because it is in relation to the condition of the flat prior to the beginning of the tenancy and as noted in Inventory, which was cleaned "to a good domestic level"- we are planning on doing the same but certainly don't want a £325 cleaning charge! 

Fi433322

Stick to your guns, you have the upper hand in this situation.  'Cleaned to a good domestic standard' clearly does not equal a 'professional clean'.  He's clearly looking for 'betterment' from the check in condition if that's what has been agreed by both parties in the inventory.  Don't let them take a penny from your deposit without going through TDS.   If the landlord/estate agent drags out the process of returning your deposit, I'd also be inclined to leave them a poor online rating to warn others to avoid them (once you have the deposit back of course)!

steampowered

The deduction probably won't be upheld given that the inventory clearly notes the prior cleaning was not to a professional standard. I'd just submit a claim for return of the deposit as soon as your tenancy ends.

Personally I'd also be tempted to issue a "letter before action" and then court proceedings seeking compensation for the landlord's breach of his obligations during the terms of the tenancy, for example the shower not working for 2 weeks and failure to arrange cleaning/repairs as was agreed. You might not want to be that aggressive though.

m0bov

Log in and claim it all back.

greatcrested

sunflower2222 said:

...we thought the clause was on our side anyway because it is in relation to the condition of the flat prior to the beginning of the tenancy and as noted in Inventory, which was cleaned "to a good domestic level"- we are planning on doing the same but certainly don't want a £325 cleaning charge! 

Have you actually left?It sounds like not yet.

The clause is irrelevant.

But if the inventory says: " "to a good domestic level" then that's how you must leave the property. So what matters is how the check-out report describes the condition.

In case of dispute, take photos before leaving.

No point getting into a discussion over this before you leave though.

sunflower2222

greatcrested said:

sunflower2222 said:

...we thought the clause was on our side anyway because it is in relation to the condition of the flat prior to the beginning of the tenancy and as noted in Inventory, which was cleaned "to a good domestic level"- we are planning on doing the same but certainly don't want a £325 cleaning charge! 

Have you actually left?It sounds like not yet.

The clause is irrelevant.

But if the inventory says: " "to a good domestic level" then that's how you must leave the property. So what matters is how the check-out report describes the condition.

In case of dispute, take photos before leaving.

No point getting into a discussion over this before you leave though.

We have had an overlap with our new tenancy so, although we've moved out of the flat, we still have keys and access. 

Jumblebumble

sunflower2222 said:

Hi all,
When we first moved into our old flat (3 bed 1 bath 1 living room, all on one floor- not big), one of our conditions of moving in was that the property, including carpets, would be professionally cleaned (as well as black marks and water stains on walls painted over which never happened). When we moved in it became apparent that a clean hadn't taken place (there were food crumbs in cupboards, stains on cupboard doors, surfaces not wiped down). This was noted in the professional Inventory check in, which states "cleaned to a good domestic level". We brought this up to estate agents and landlord claimed that a professional clean had taken place, we asked for an invoice as evidence which never appeared. We continued to chase on this, and a professional clean of the flat then took place a month after the beginning of the tenancy. However this clean was not documented in pictures or in an Inventory. 
Our contract with the agent states, "21.1. To clean to a professional standard or arrange or compensate the Landlord for the cleaning of the Premises and Fixtures and Fittings at the end of the Tenancy, to the same standard to which the Premises and Fixtures and Fittings were cleaned prior to the start of the Tenancy, as shown in the Inventory and Schedule of Condition". However the landlord is asserting that they will deduct £325 for the professional clean from our deposit if we do not pay for a professional clean. The agency also claims that TDS will uphold this as a legitimate deduction. I've emailed TDS and requested a copy of the invoice as this cost seems extremely high, but does it seem as though they are correct?
I admit that my view of the situation may be tainted by the fact that the landlord has been terrible throughout the tenancy (refused to fix our front door lock for 10 days because the cost was "too high", left us without a working shower for 2 weeks while we had to shower at a nearby gym, refused to replace broken furniture for months after we moved in. The agents had to bypass the landlord to pay for the lock, and landlord forbade the agents from doing this again. The others were only solved when, after around a month of arguing each time, we threatened to withhold rent. This person gives landlords a bad name- I know plenty of lovely and reasonable landlords (plus previous and current landlords are both excellent). 
Can answer any follow up questions, but would appreciate everyone's guidance on this situation- thanks!

One should by and large ignore speculation from the agent about what the TDS will or will not do.