Professional Cleaning Charges & Tenant Fees Act 2019 - am I going mad? Please help!

jh62738

Hi,

I've just vacated a flat. There were 'independent' check in and check out appointments, with photos. My check out report has the same descriptions for the vast majority of items (he copied and pasted the original), and there are no fees due to damage. Under the 'general cleanliness' section, it has a fee for professional cleaning of £130 advised. There is no actual description of the cleanliness in this section - and when asked the independent clerk said that the wording for that section was standard and given to him by the lettings agent.

The photos and description show the property to be in the same condition as when I moved in (also unsurprising because I didn't live there for over half of the period due to coronavirus!).

Under the Tenant Fees Act 2019 they are not able to demand professional cleaning fees at end of tenancy, providing it is returned in the same standard. I wrote this to them and they told me I was incorrect, stating that "the Tenant Fees Act does not prohibit a claim for professional cleaning at the end of a tenancy if the property is not professionally cleaned if it was at check in and the landlord has it professionally cleaned at the end of the tenancy. The Act simply prohibits the compulsory, mandated charge for all tenants in a tenancy agreement.".

I still think they are incorrect, as I have seen no mention of this. Above all, the flat is CLEAN!

1. Should I query the check-out inventory for not stating the cleanliness levell in the report (I have only 2 days left to challenge it)
2. Are they wrong? If they are correct, what is the point of the Tenant Fees Act??
   
3. How should I go about challenging it with them?
   

The agent involved seems quite dodgey, has been the worst letting experience I have ever had, and is directed by somebody who also directs a professional cleaning company and a lawyer. Seems set up to extract fees, but of course, that is pure hearsay/speculation on my part.

I am a student and so can't afford discussing with a lawyer - any suggestions are most helpful and I really appreaicte them. Thank you so much in advance!

macman

Just claim your full deposit back through the protection scheme and dispute it via that-no need to get involved in it directly with the LL.

greatcrested

The Tenant Fees Act does not prohibit a charge for cleaning, if cleaning is required.

If cleaning is not required (but is charged) the tenant can dispute this via the relevant deposit scheme.

A clause requiring 'professional cleaning' cannot be enforced. It is the state of cleanliness that matters - not whether it is undertaken by the tenant, their mum, an amateur cleaning company, or a so-called 'professional' cleaning company (whatever that is - there are no professional standards or qualifications).

Post 3: Deposits: Payment, Protection and Return.

need_an_answer

was a deposit registered with one of the deposit agencies or did you have a student agreement with no deposit held?

If there is a deposit held make your dispute via that company and their arbitration scheme

Otherwise wait for them to pursue  you via small claims court you wont need a solicitor and you can form your own defence....my DS  is awaiting this to happen following the breakdown of communication from his student LL

macman

If the deposit is not protected, then the LL will simply deduct from it and it will be up to the OP to pursue the recovery themselves.

need_an_answer

macman said:

If the deposit is not protected, then the LL will simply deduct from it and it will be up to the OP to pursue the recovery themselves.

its not necessarily a question of the deposit not being protected....the tenant may have been on a tenancy where no deposit is required.these types of situations are becoming more popular ...LL doesnt ask for a deposit as such but you usually find they dont lose out as they tend to up the rent to cover the no deposit situation.

leypt1

We were in the same situation a few weeks ago - the letting agent had demanded a professional cleaning when we moved in, which we (stupidly) agreed to, and carried out when we left at huge cost. Importantly, he had asked for a professional cleaning, not for the property to be cleaned to a professional standard.
Predictably the check out decided that the property was cleaned to a "domestic standard", and the letting agent was going to deduct from our deposit.
We checked our tenancy agreement, which stated only that the property needed to be returned to the condition it was given to us in.
We checked the inventory/check in, which stated that the professional cleaning was only just starting when the inventory was taken.
We successfully argued that we had no way of knowing how clean the property was at the start of the tenancy (spoiler - it was dirty!), and that by paying for a professional cleaner we had more than done what was required of us - and his demand for a paid cleaning service was illegal under the tenant fees act.
That sorted it out without even having to go to dispute resolution.
Good luck! Hopefully when the revolution comes landlords and their agents will be the first on trial...

leypt1

Also, I don't know what other deductions you've been presented with, but we also successfully argued against deductions for "missing" or "stained" items. Read your deposit protection scheme guidance and your check-in/inventory with a fine toothed comb.

saajan_12

jh62738 said:

"the Tenant Fees Act does not prohibit a claim for professional cleaning at the end of a tenancy if the property is not professionally cleaned if it was at check in and the landlord has it professionally cleaned at the end of the tenancy. The Act simply prohibits the compulsory, mandated charge for all tenants in a tenancy agreement.". 

I still think they are incorrect, as I have seen no mention of this. Above all, the flat is CLEAN!

1. Should I query the check-out inventory for not stating the cleanliness levell in the report (I have only 2 days left to challenge it)
2. Are they wrong? If they are correct, what is the point of the Tenant Fees Act??
   
3. How should I go about challenging it with them?
   

!

The Tenant Fee Act may only address certain cases where LL / LA's just put cleaning charges as an automatic fee - in the same way it tries to combat automatic fees for inventories / check outs / references / agreement drafting / etc etc. So on that point they are correct - the Tenant Fee act is mute on this point. 

However existing regulation on deposits and damages which can be claimed specify only actual damages / losses beyond fair wear and tear can be claimed. If the standard of cleanliness was the same at the start and at the end then the cost of cleaning cannot be claimed. If it was not the same standard, ie cleaning was needed, then they could claim for the cost of this cleaning being done by a 'professional' (ie third party service provider) as opposed to doing it themselves. 

jh62738

Hi all,

Thanks for the advice - I really appreciate the information and different angles.

My check out inventory doesn't actually make comments on the general cleanliness of the property - there are various descriptions but the wording in this section doesn't use any of them. Apparently, the letting agent has dictated the wording for this section (the "independent" inventory clerk told me via email).

I apparently have 7 days to challenge the inventory - should I challenge this (as it doesn't mention cleanliness standard) now? My worry is, by not challenging it now (I still need to give them evidence I've paid all the bills before they will present me with their suggested deductions), they presume that I accept this wording? (and therefore the charge?)

Attached are parts of the check out inventory:

Thanks so much again. This really is an amazing community

greatcrested

You've quoted their definitions.

You have not quoted any actual description of the cleanliness of each specific room, or the property as a whole.

If the check-out fails to specify the cleanliness at the end of the tenancy, the LL cannot claim it is less clean than at the start

I still need to give them evidence I've paid all the bills before they will present me with their suggested deductions),

Why? Presumably the bills(utilities?) are accounts held in your name? They are a matter between you and the utility company.

It's unclear how the check-in inventory described the cleanliness. According to the check-out report it was "professionally cleaned" at the start. Is that correct? Do you contest that? Assuming that is correct, that is the standard you should leave the property.

Dear Mr LL,

Further to my tenancy which ended on xx/xx/2020, I look forward to receiving my deposit in full within the next 5 days. My bank details for this are

Sort code: xxxx

A/c Number: xxxx

Please note that the utility bills are a matter between myself and the utility companies, and I am closing these accounts. They have no relevance to the return of my deposit. However, FYI the final readings were:

Gas: xxxx

electic: xxxx

water: xxxx

Regarding the cleaning ,I have left the property cleaned to the same standard as at the start (photos available). The check-out report does not contradict this.

I look forward toreceiving my deposit and thank you for your asistance over the last (12?) months.

Yours sincerely,

jh

If no response (or you are not in agreement with the response) follow the protection scheme process.