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).

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

Try reading the actual first post! The OP said they use a letting agent. When a LL pays a (significant) percentage of their income to an agent to manage the property, it's the letting agent who is responsible for drawing up the contract.

Honestly, the completely indiscriminate hatred of LL on Mumsnet is insane! Personally I disagree in principle with LL who buy up multiple properties and make a living out of it, but are some people too dense to realise that there are perfectly valid reasons why someone may rent out a property? Maybe they take on a temporary contract working elsewhere, or they have tied accommodation with a job, or need to move but can't sell.... fgs if I was in that position I'd pay a letting agent precisely because letting a property comes with all sorts of responsibilities and frankly I wouldn't want to be dealing with that; I have my own job to focus on. It's the letting agents job! If the contract specifies something that's not been enforceable for the last few years then the letting agent are shit. Not the LL who is paying the letting agent to do a job.
Anyways in this scenario the key point is the tenant did not leave the property in the condition it was when they began the tenancy so yes entirely reasonably to apply to deduct some deposit

As @watermeloncougar and others have pointed out, I use a professional lettings agency to manage all of this because it's not my expertise - I have a day job for that.

The wording of the contract might be "to a professional standard" if the law has changed. I'm sure the agency is acting within the law.

Thanks for all opinions.

doesn't matter what the agent does.

the buck stops with you as landlord.

I'd advise you to check the wording OP, don't just assume.

Unfortunately it is very very common for letting agencies to not operate within the law- it is sadly the norm for many to rely on tenant ignorance.

They will try it on, and only if challenged by savvy tenants will they relent.

Regardless though, the wording of the contract is irrelevant- just a matter of principle that it is wrong to make someone sign a nonsense contract and trick them into thinking that they have to abide by it, which many fall for.

Not your fault as a landlord, of course, but be aware they’re not always necessarily as “professional” as they should be.

@greenacrylicpaint correct that the landlord has ultimate responsibility.

Incorrect that 'it doesn't matter what the agent does'. The LL has a contract with the agent and if the agent is incompetent and not even able to draw up a contract properly then it absolutely matters and the LL should make a complaint.

As @Moosethemouse points out, many letting agents are crap, they don't have the skills or knowledge to do the job.

Usually their best friend 😂

As a landlord, you should be ensuring the property is clean between tenants.

Marks on a carpet are wear and tear.

The tenant has left it clean. Don't deduct money from her. Cleaning your own property is a business cost for you.

Your username is pretty ironic. Maybe name change to Ebenezer.

£300 is steep. You're a dick to charge that.

If it wasn’t appropriately cleaned, then I think you’re fair to charge her for someone to do it to the required standard.

A dickish move was what an old landlord did to me… which was charge me for a professional clean, even though the apartment was immaculate!! My regular cleaner had done an amazing job and it was spotless. Because she wasn’t a “professional”, they then charged £300 and no doubt pocketed the money as there wasn’t anything to clean.

Agencies acting within the law?! They are glorified sales people. They haven't got a clue about the law or in some circumstances actively exploit their knowledge knowing the tenant is unlikely to know or feel like they can challenge.

I once had a letting agent try and charge me with a load of fees and a load of unreasonable clauses . As I'm a lawyer I challenged them on it and the response was 'do you want this house or not?' I had to sign it or start all over again.

Using an agent does not absolve you of the need to be clued up about tenancy law.