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

[landlordQ]

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).

Not sure where you are but I believe that the law in England changed so that it became illegal to demand a professional clean at the end of tenancy. You can expect it to be cleaned to as good a standard as a professional would do, but you cannot insist that they pay a company to do that.

A lot of the end of tenancy cleaning companies are absolute rip offs and no better than someone can do themselves. The amount you have been quoted is insane, surely its £15 an hour for what - a maximum of 4 hours to clean an empty house that has already been half cleaned? £100 tops.

Also I would be wary of a new tenant who is insisting on a paid clean done by a professional. Sounds very demanding. You provide the property clean, if they aren't satisfied unless it's done by a business that is their problem not yours.

I'd explain the issue to the previous tenant and give them the option of returning to clean or paying to have it cleaned to the standard it was when they moved in. Moving house is a very busy stressful time and maybe they just didn't have time or strength to go over it properly in the middle of the move.

I think a professional clean should be the responsibility of the landlord. Putting the cost and inconvenience onto the tenant while they are packing up and moving home is unreasonable. It's your responsibility to prepare the property for future tenants not theirs. Part of the business costs. I think your tenant has been reasonable in giving the place a clean.

It might be standard these days but it's completely unreasonable to expect a tenant to pay for a professional clean on leaving a property. Reasonable cleanliness should be all that's expected. If you want it cleaned professionally you pay for it. Why does the tenant have to pay for something for the benefit of you and your next tenant?

Why are you ignoring all the posts that tell you your contract term is illegal and therefore unenforceable?

Yes charge her, it's in the contract.

I once cleaned a flat so well the landlord thanked me & said he wouldn't have to have it cleaned. Then said to contact him if ever I needed a reference.

Finally, just because it's standard practice to charge for cleaning, doesn't mean it's not dickish.

🤷🏻‍♀️

Can someone tell Air B&B this please?

I believe it's no longer legal to insist on a professional clean. Surprised you don't know this is a LL.

@SmurfetteSalad if you book an Airbnb you are not a tenant. Rule only applies to tenancies.

you would only be able to get a small proportion back if any at all.

stains on carpets can be wear&tear plus carpet is deemed to be written off to be replaced every few years anyway.

you absolutelt can't take out missed rent. you would need to go through small claims for that. a rental deposit is not for that.

I’ve lost count of the rental agreements I have had over the years. Every single one has said that the flat/house must be professionally cleaned. Some even say carpets need to be professionally cleaned aswell. Most letting agents will have companies they can recommend as they know they won’t cut corners and end up with someone complaining. Nobody wants to move into a place where the white goods are dirty and then floor is grubby.

And since 2019, that clause in a contract is illegal.
A contract can not supersede statutory law

£300 is ridiculous. I was quoted £180 by a professional company in London 3 years ago and in the end got 2 ladies who came with their own supplies and did an excellent job for half the price. Had no complaints from the agent.

This was 3 years ago but my friend used the same ladies last year and they were still very reasonably priced.

Btw I'll be happy to PM you their details if you'd like OP. They were really excellent

You could have spent the afternoon cleaning the fridge and carpet yourself for the cost of hiring a carpet cleaning machine 😂😂

As an ex army wife and knowing very, very high standards, take it from her deposit. Our expectations seem to be getting lower and lower. It should be standard even when you buy a new house, not just rentals.

If she did some cleaning, then why not deduct 50% of the cost of a professional clean?

Doesn't really work like that. If she cleaned the tub for eg but not a deep clean and there is still mold etc, a cleaning company would still have to fully clean the bath.

You inform the tenancy deposit scheme that there is a dispute. You can do this online, go into your account and follow the steps. If the letting agent have the account they do it. I hope you/ the letting agent took photos. If the tenancy agreement says professional clean then that is what the tenant has to provide, simple as that.

Except that was banned as being a punitive clause in tenancy agreements in 2019. Perhaps you should read the thread

@TonysGaff has it right here:
However, given that you have an illegal clause in your contract, you might want to let it go.

While you are at it you might want to stop being a hobbyist landlord and actually check that your managing agent is writing tenancy agreements in your name properly. i.e. inform yourself, as otherwise you will find out the hard way this time or one day that the buck actualy stops with you, not them, in terms of landlord's responsibilities.

Give the deposit back in full, roll up your sleeves and do a bit of cleaning of the bits they missed (or pay someone considerably less than £300 to do what's needed) and stop being so grabby. If you don't do this that's fine and it's going to be as-seen for the next tenant. If you choose to get a full professional clean for the new tenant then that is going to be the inventory's starting point, if not, not.

'Hobson's Choice' really though isn't it- i.e no choice at all if you have to rent!

Requiring a professional clean is not legally binding surely you most know you can right all kinds of things in a contract that are not legal.

Our expectations seem to be getting lower and lower.

Actually as a long term renter since the early 90s, but also later on a landlord and homeowner, IMO standards seem to be becoming ridiculously high, punitive, discriminatory and frankly batshit, in the rental sector. Safety standards yes, absolutely, but not all this arbitrary nonsense - everything else seems to be designed to line the pockets of many people while expecting tenants to foot the bill. Of course current tenants want it spotless, shiny, with new carpets etc. - because they are paying ridiculously for the privilege while the landlord's assets accrue, with very punitive (and often wrong) contracts which they daren't challenge for fear of not getting anywhere to live!

To be honest OP, I'd sack off your Managing Agent, complain about them to the ombusdman because they haven't updated their contracts since 2019 (what else in terms of newer rules are they also missing?!) and very carefully choose another that knows the job properly.

Most letting agents will have companies they can recommend

Too right, how convenient!!!

Standard contract requirements, I get that it's expensive, and as a compromise you can offer for her to find a company herself to undertake it but x date.

Otherwise yes take it from the deposit.