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Original poster

Deposit dispute. As landlord, am I being a dick?

163 replies

landlordQ · 19/06/2023 15:40

I have one rental flat. I keep it maintained to a high standard, respond to tenant requests immediately etc. I know some people don't believe in BTLs full stop and think all landlords are bastards but I would like some advice nonetheless.

My tenant has just left. Her contact stipulates the flat is returned having had a professional clean. It was cleaned professionally prior to her moving in. She has not done this, but she has made a fair effort to clean it.

I have a new tenant moving in and they have requested a professional clean, so I must provide it. There are a few stains on the carpets, the white goods haven't been cleaned and there are a few other missed bits.

Would it be unreasonable to dispute this cost with my previous tenant and try to reclaim the money for the cleaning from their deposit? It's in a deposit scheme and was managed by a letting agent so all above board. the LA thinks I can reclaim it because it's in their rental contract, but as she gave the cleaning a good go I feel bad to ask her to cover the full professional cleaning cost (£300).

OP posts:
VDisappointing · 19/06/2023 19:05

We are renting and we have previously been landlords - if she has not left it clean enough that you have to pay to have it cleaned then yes it should come out the deposit.

onlywayissussex · 19/06/2023 20:14

She didn't need to get a professional in but she could have cleaned the white goods

My last landlord wasn't happy with the level of cleaning (we paid a company) and had me there weeding the garden and scrubbing the bathroom floor on the last day and she still witheld
Money

We even had the cream carpets cleaned and she said they weren't clean enough

Tallerthanmost · 19/06/2023 20:22

onlywayissussex · 19/06/2023 20:14

She didn't need to get a professional in but she could have cleaned the white goods

My last landlord wasn't happy with the level of cleaning (we paid a company) and had me there weeding the garden and scrubbing the bathroom floor on the last day and she still witheld
Money

We even had the cream carpets cleaned and she said they weren't clean enough

Was your deposit held with the tenancy deposit scheme?

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ThursdayFreedom · 19/06/2023 20:23

landlordQ · 19/06/2023 15:56

@Finlesswonder it's specified in a contact they signed and was provided for them at the start of their tenancy

@@landlordQ

Focus on this!

it was done for her, it's in the contract, she didn't do it! Of course it's reasonable to take the cost out of her deposit.

you're doing her a favour trying to get it at a lower cost.

she knew the deal when she signed the contract. Not doing the white goods, is not a good clean!

Did you get all of the rent she owed you in the end?

Bloody Agents are culpable too! They shouldn't have signed off on it

Mingomang · 19/06/2023 20:31

Tbh as a renter I never bothered with the professional clean and let them take it out my deposit. I’d leave it nice but I was worried I might have to pay £300 for a professional clean and then the landlords not be happy with the standard anyway and charge me again.

I would take it out of her deposit but tbh I think it’s only polite to get a property professionally cleaned between tenants. Seems a swiz to make them pay.

Clymene · 19/06/2023 20:43

@ThursdayFreedom - as has been explained by a number of people on the thread, it's illegal for the the OP to stipulate this.

The Tenant Fees Act 20199_ which came into force on 1 June 2019, means it's no longer legal for landlords to ask in the tenancy agreement for a range of previously enforceable charges, including clauses to have their property professionally cleaned.

It's a bit worrying that the OP doesn't know this, given the law changed 4 years ago.

Thoughtful2355 · 19/06/2023 20:47

for me it would depend how long she had been there, less than 3 years then charge the full amount over 3 years id either leave it or charge half BUT i will say £300 is steep for a 1 bed flat, i paid £200 last month for a 3 bedroom house in devon..

LadyWithLapdog · 19/06/2023 20:49

Did she know how much it costs when she signed the contract? I had no idea until I read this thread that those are the kinds of sums charged.

No excuse about the fridge, though.

Doveyouknow · 19/06/2023 20:58

It's pretty standard in London for a contract to require a professional clean though in my experience of renting flats you seldom move into a flat that has been professionally cleaned. I assumed it was just a way of getting a bit of the deposit at the end of the rental period rather than used to pay for an actual cleaner. Our last (lovely) landlord let us go back to complete the bits our cleaner missed rather than charge us. I have never paid or been asked to pay for a carpet clean though. That seems like something a landlord should do as I can't believe it's needed at the end of each letting period.

TedLassosBiscuits · 19/06/2023 20:58

Shelter say it's not fair and can't be enforced

Deposit dispute. As landlord, am I being a dick?
Daisydu · 19/06/2023 21:01

Yeah if she moved in to it professionally cleaned she should have done the same on leaving.in one of my homes, In the contract it said to leave it professionally cleaned which I did and also professionally clean the carpet. But they were pretty good so I asked the landlady if I could just use a rug doctor myself nd she said yes so I did that, but I wouldn’t have done without her say so. You’re not being a dick.

watermeloncougar · 19/06/2023 21:07

Legislation a few years ago changed so that the contract can't make tenants pay for a professional clean however it is entirely reasonable (and fair) for a LL to insist the tenant leaves the property in the condition it was in at the start of the tenancy. The tenant in this scenario didn't do that, so the OP is absolutely entitled to deduct some of the deposit

RecycleMePlease · 19/06/2023 21:11

No, not being a dick - if it was cleaned well enough that you couldn't tell the difference (carpets shampooed, absolutely the insides of the fridge cleaned!!, curtains dry-cleaned if soiled etc) then you'd be a dick to chase her, but it wasn't.

I've had a professional move-out clean once, but wasn't impressed with the standards, so usually do my own moveout clean when I leave a place - and it's spotless by the time I'm done.

mumyes · 19/06/2023 21:13

Pay for the clean yourself. She's tried. Cut her some slack, you're clearly doing ok.

ssd · 19/06/2023 21:18

My son always gets a professional clean at the end of his tenancy and twice the landlord has deducted money for wear and tear

LolaSmiles · 19/06/2023 21:27

SSD
Some landlords rely on tenants not being clued up on the law and they take advantage of tenant's ignorance in this area.
Hopefully if you show your son some of the links posters have shared, he'll be able to stand up to his next landlord if they're a chancer.

Plasticplantpot · 19/06/2023 21:41

Another amateur landlord! You can’t stipulate a professional clean in a contract these days 🙄

watermeloncougar · 19/06/2023 21:44

@Plasticplantpot that's been mentioned several times on here. However, a LL is absolutely entitled to have the tenant leave the property in the condition it was when they began the tenancy- which in this case, she didn't

Nn9011 · 19/06/2023 21:49

It's actually illegal to require a tennant to pay for an end of contract clean under the new tenancy laws

Tenant Fees Act 2019
"The Tenant Fees Act 2019 has changed things somewhat. Under the Act, which came into force on 1 June 2019, it's no longer legal for landlords to ask in the tenancy agreement for a range of previously enforceable charges, including clauses to have their property professionally cleaned."

You can look it up but if you take it out of deposit you are breaking the law. (Assuming you're in the UK of course)

Anetra · 19/06/2023 21:52

OP you need to go check out the 2019 legislation… things changed regarding professional cleans whether you’ve it stipulated in the contract or not!
If you’ve agreed with new tenant to have it professionally cleaned then it is you who will pay for this NOT the previous tenant

watermeloncougar · 19/06/2023 22:03

A LL cannot put in the contract that a tenant must pay for a professional clean. A LL can stipulate that the property is left in the condition it was at the start of the tenancy, wrt to cleanliness. The OP has stated that the tenant didn't clean parts of the property, left stains on the carpets etc

ssd · 19/06/2023 23:23

LolaSmiles · 19/06/2023 21:27

SSD
Some landlords rely on tenants not being clued up on the law and they take advantage of tenant's ignorance in this area.
Hopefully if you show your son some of the links posters have shared, he'll be able to stand up to his next landlord if they're a chancer.

Thank you i will do.

BTMadmummy · 20/06/2023 00:01

Finlesswonder · 19/06/2023 15:55

A "professional" clean is about getting into all the places a normal person with normal equipment can't. Considering many (most?) people who live in a house they own don't get their houses professionally cleaned, I don't see why the burden is on the tenant

Because I imagine that’s how it was when they moved in.

meatbaseddessert · 20/06/2023 02:44

watermeloncougar · 19/06/2023 21:07

Legislation a few years ago changed so that the contract can't make tenants pay for a professional clean however it is entirely reasonable (and fair) for a LL to insist the tenant leaves the property in the condition it was in at the start of the tenancy. The tenant in this scenario didn't do that, so the OP is absolutely entitled to deduct some of the deposit

Exactly this. Except of course landlord must apply to take it out of the deposit of course.

As an Airbnb 'landlord' now I've had professional cleans that are shockingly poor to the extent that I now do my turn around cleans myself. Previously as a tenant I know that the cleans I do at the end of a tenancy are significantly better than anything a professional cleaner would do.

My previous landlord tried to spin the 'can I have the receipt for the prof clean' to which I said we did it ourselves but let me know if it doesn't come up to scratch. I know it was cleaner than when I moved in so I didn't hear back from him on that. He then asked why I hadn't had the carpets professionally cleaned. I asked him for evidence that this was done before we moved in and again he stayed silent. Deposit was back in my account a couple of days later!

Anyway. Point is OP cannot ask for it to be professionally cleaned but can expect to be clean to the standard it was when the tenant moved in excluding expected wear and tear. It sounds as it it wasn't so a claim can be attempted.

Nicecow · 20/06/2023 02:58

I think if that was in the contract then she should have done that, particularly if there are stains and you have been a good landlord. Equally, if she has been a tenant for a decent amount of time, and equally a good tenant them maybe meet her halfway for costs.