Am I bound by this contract?

[titself]

Hi, I signed an assured shorthold tenancy three years ago, after the first year I wasn't given a new contract, and so went on to a rolling statutory contract (I believe this is what happens). I have just moved out and the LL is trying to hold me to the terms of the original contract which has obviously expired.

SPecifically, the original contract says I have to have the house professionally cleaned on departure. Do I? And do I have to have the clean done anyway? I had it cleaned but not to their satisfaction.

TIA!

Yes, the AST rolls on, and all the original terms apply.

All the other terms apply when the fixed term expires and you go on to a periodic tenancy. So yes, the clause about cleaning still applies, though if you paid to get someone to clean it and have proof, depending upon the wording of the clause you may have satisfied it. All depends on the precise wording though.

Thanks. I did get someone to clean it, just my usual cleaner. I thought it would be fine as she cleans it every week so it's not like it was particularly dirty. They want to charge me £450 on top of what I've paid the cleaner (180 for 11 hours work). She did an OK job, but there were things that weren't quite right. It says 'clean to a professional standard or have professionally cleaned' in the contract.

Then you did have it professionally cleaned. Get your cleaner to give you a receipt and send them that.

Were you there when the check out process was carried out?

I would always advise you to automatically dispute the deduction and allow the deposit scheme rules decide how much would be a fair deduction, if anything.

But if they didn't follow the right check out process they can't prove anything.

You don't have to get it professionally cleaned at all actually - that clause would be deleted as infringing the Unfair Terms in Consumer Contracts Regs, and replaced with a more reasonable term along the lines of, you must leave the property as clean as you found it. Challenge this with the deposit Protection scheme (I'm assuming they're planning on taking the £450 out of your deposit) and provide the evidence from your cleaner that it was cleaned on departure.

Thanks. I am not really sure what to do now. We had a pretty brutal move to another rental. I had originally planned a week overlap but this got into because the new house LL wasn't ready. My cleaner did a massive clean (11 hours) once all the furniture was out but apparently she ran out of time and there were some shortfalls. LL is claiming a full professional clean as the buyers are coming round and they want it to look perfect.

She has asked me to confirm in writing whether I want to pay now or if she should deduct it from my deposit and I have replied that she can deduct from the deposit but that I reserve the right to review the charges at the end.

Also, i lost a lot of technical dictionaries (I'm a translator) because the cupboard they were stored in was very damp. Is it worth putting in any sort of claim for this? There are pictures of the damp, but not the mouldy books.

Thanks so much for all your great advice.

OP was a check in report/inventory produced when you first moved into the property?

In theory you should have a copy of this, that you signed, and you should leave the property in the condition documented in the report.

A poster above mentioned a deposit scheme - is your deposit in a scheme? - this is very important.

I have the check-in report and my deposit is in a scheme - it says things like 'lightly dusty', 'some cobwebs' and doesn't mention many things such as windows.

If it wasn't particularly clean on check-in then the LL is effectively charging you for "betterment" which can't be allowed.

Err, consumer protection doesn't apply to leases. (Wtf?)

I'm a lawyer and don't usually respond on these threads but feel have to when you're being given wrong advice. OP how do you pay your rent? That is a "period" for the purposes of a periodic tenancy. You can challenge the deposit under DPS.

"Betterment' is exactly what I'm thinking this is. They are about to exchange on the sale of the house (for a high seven figure sum) and they wanted it to look perfect. We had already spent 150 quid on cleaning, plus what I did myself. It looked pretty good, but if you went through it, there were a few bits in the bottom of a wardrobe here, matchstick in a wardrobe, a cobweb on a very high ceiling, etc. It wasn't perfect. I was silly not to get it professionally done because it was obviously a bit much for my cleaner. I feel like they want it absolutely sparkling, but that's not really my responsibility.

Thanks Bigpaws we paid our rent monthly, as usual. Does that impact on the end of tenancy? I've spoken to the custodial scheme that holds our deposit and will dispute if, if it seems appropriate. I just think they're a bit cheeky.

Dispute it!! They are only allowed to charge you for any loss they suffer so if it was being relet and they had to clean it before new tenants go in they could charge you for that but as it's being sold it hasn't actually cost them anything. £450 is an obscene amount anyway! Cheeky fuckers!

If your cleaner's profession is a cleaner, and is paid to clean, then, by definition, she is a professional cleaner.

If your contract says 'clean to a professional standard or have professionally cleaned', then you have complied with the terms, if there isn't any specifics mentioned.

If you pay monthly rent you must now give a month's notice to end the tenancy

11 hours to clean an empty house and it wasn't quite right? Blimey.

Tracy looks like it is a massive house!

BigPaws we've moved out already, notice etc. was all done by the book.

Chocolatey I agree. Plus she comes from an agency that trains its staff.