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Renting - Cleaning Required Before Moving Out...

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Ask the landlord for evidence of them having paid for a professional clean. I doubt they bothered.

I have subsequently received an invoice from the agent showing the professional clean prior to our occupation.

Even so, the check-in inspection states it to a good domestic standard with various cleanliness "issues". If we vacate it in a similar, or better, condition to that which we found it, surely there is no expense incurred by the landlord?

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I only have experience of the small claims court. That was for an old deposit that wasn't protected. The LL did not have the flat professionally cleaned before we moved in. I noted this on the inventory. I also noticed how dirty and dusty the flat was. We had to clean it before we could move in as too dirty to put our belongings into and I'm not overly houseproud. When we viewed the flat I said it wasn't clean enough and the LL agreed to have it cleaned. She didn't.

When we moved out she had it cleaned by a company and the carpets cleaned as well. Her son was moving in and deducted these costs from my deposit,

The small claims judge found in favour of my claim. Professionally cleaned doesn't actually mean anything he thought as there is no set standard. A good clean by an amateur can be just as good. What helped in my favour was the inventory with my remarks on the condition.

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I have subsequently received an invoice from the agent showing the professional clean prior to our occupation.

Even so, the check-in inspection states it to a good domestic standard with various cleanliness "issues". If we vacate it in a similar, or better, condition to that which we found it, surely there is no expense incurred by the landlord?

Probably worth reading the following link from one of the deposit protecting companies. It is focused on landlords, but gives you the information you are after.

https://www.mydeposits.co.uk/sites/default/files/LANDLORD%20Best%20Prac%20Guide%20%28Carpet%20Cleaning%29_3097.pdf

If your check-in inspection explicitly states that there were cleanliness issues I think you have a good case to be made. However it looks like your case is even simpler. If no cleaning has happened prior to the new tenants moving in he can not provide a receipt for the work having been done after you left. A landlord can not claim for work that has not been done. He needs to provide a receipt for the work. If he can't he will loose.

btw) On top you can always consider fair-wear and tear. Carpets have a finite lifetime; if they are >5 years I think it is pretty hard to claim anything.

Edited by moesasji

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The reason for asking you to do this is so your deposit can be stolen. Whatever you do the landlord will say that it is filthy.

It is unreasonable to expect the house to be any cleaner than it was when you moved in.

You don't need photos to prove its condition - the onus of any proof is on the landlord. Was a detailed inventory carried out at the start of the tenancy describing the level of cleanliness?

Leave the place clean and then dispute any deduction from your deposit with the deposit protection scheme.

Nail on head

We leave apartment currently renting in 6 weeks. Mrs B keeps the place immaculate with my help. Still anticipating fun and games with the Landlord. Deposit is in a government assurance scheme. We don't need it so I shall not be bullied into handing over $1000 to cover a spec of flaked paint off the bedroom wall or spot of dust on the top of a cabinet.

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Well that's surprised me. I thought tenants in the UK were generally the most anally raped.

Australia must be top of the league.

My former boss rented an apartment for 3 years. Paid out $125,000 in rent (Perth). In the notice period the agent brought prospect tenants round including one with a dog that skated all around the vanished wooden floor.

Come check out time the issue of the damage to the wooden floor (excluding the dog scratches normal wear over 3 years). He is the sort of guy who won't be fecked over and didn't need the deposit but they were still harassing him 11 months on. It actually ended in court where he agreed to pay $200 full and final settlement just to close off the issue.

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I only have experience of the small claims court. That was for an old deposit that wasn't protected. The LL did not have the flat professionally cleaned before we moved in. I noted this on the inventory. I also noticed how dirty and dusty the flat was. We had to clean it before we could move in as too dirty to put our belongings into and I'm not overly houseproud. When we viewed the flat I said it wasn't clean enough and the LL agreed to have it cleaned. She didn't.

When we moved out she had it cleaned by a company and the carpets cleaned as well. Her son was moving in and deducted these costs from my deposit,

The small claims judge found in favour of my claim. Professionally cleaned doesn't actually mean anything he thought as there is no set standard. A good clean by an amateur can be just as good. What helped in my favour was the inventory with my remarks on the condition.

Looks like I will be going to dispute with the tenancy deposit scheme. There is a specific clause in the tenancy relating to a professional clean before vacating. We professionally cleaned the carpets and the check-out inspection suggests that the cleanliness is equivalent to the check-in (after professional clean).

I guess it's going to come down to contract law and whether the clause is binding (plus whether we have cleaned to an equivalent standard of a professional).

In the event that the dispute finds in favour of the landlord, as the flat has been re-let, I expect that the landlord is unlikely to hire a professional to clean the flat and inconvenience the tenants. In that instance, would I be able to enforce that this cleaning was carried out (copy of invoice etc.)? (otherwise the money will just be a free bonus for the landlord).

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Looks like I will be going to dispute with the tenancy deposit scheme. There is a specific clause in the tenancy relating to a professional clean before vacating. We professionally cleaned the carpets and the check-out inspection suggests that the cleanliness is equivalent to the check-in (after professional clean).

I guess it's going to come down to contract law and whether the clause is binding (plus whether we have cleaned to an equivalent standard of a professional).

In the event that the dispute finds in favour of the landlord, as the flat has been re-let, I expect that the landlord is unlikely to hire a professional to clean the flat and inconvenience the tenants. In that instance, would I be able to enforce that this cleaning was carried out (copy of invoice etc.)? (otherwise the money will just be a free bonus for the landlord).

I think that if its a straight contract case the Landlord will have to show that he has suffered a loss as the result of your breach of the term (assuming it is deemed fair in the first place).

If he didn't get the flat cleaned before he re-let it he's probably going to struggle to get there, as the mere fact he's re-let it in the state you left it will imply he suffered no loss.

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Don't worry about it, professionally cleaned is a contract term that has already been proved to be non enforceable. Refuse any deductions and I'll be very surprised if the TDS dont agree with you

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quote OFT guidance which says that such terms in tenancies are unreasonable.

You only have to leave it in a similar state to you found it in and don't forget the landlord has a tax free 'wear and tear allowance', extra monies he keeps which theoretically he should use to keep the property in good order between tenants.

Take detailed pictures before you leave and frankly if the inventory the landlord made up at the beginning is shite, frankly I think he/she's ******ed.

Edited by moedo12

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My landlord appears to have declined to contest the dispute, and the disputed amount is being returned.

Congratulations.

Almost 2 months to the day of leaving, my landlord has returned my seemingly unprotected deposit in full too. He blamed domestic circumstances for the tardiness.

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Appears you just have to play 'hardball' with them - and they cave in eventually. Pretty poor show really.

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Have to say I was pleasantly surprised that my landlord is planning on cleaning the place (I'd gone over as well as I could with a vacuum and so on) but isn't intending charging me for it, and has said he's happy to return the whole deposit. Mind you I knew him before he was my landlord and he's always seemed a reasonable person.

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Congratulations.

Almost 2 months to the day of leaving, my landlord has returned my seemingly unprotected deposit in full too. He blamed domestic circumstances for the tardiness.

which doesn't absolve him of his legal failings to protect the deposit. Take him to court over it and get the compensation. Something changed in regards to this when the Deregulation Bill was passed but I can't remember what precisely.

It would have been fine had he returned the deposit before the tenancy ended, however once it has he's pretty screwed and open to compensation claims, I believe this is true even if he protected the deposit but just failed to provide the prescribed information.

Edited by moedo12

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  • 399 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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