I downloaded the new open rent contract to view and it seems a little thin on the ground. No real mention of end of tenancy professional clean. Just says something to the effect that the property must be returned back to the condition in which it was found. I have a check in inventory.
I would like to add my own clause in- Can custom clauses be legally binding?
Sure otherwise what would be point in having the option to add them
There are perfectly good reasons to add eg to specify number of pets and what sort when this gets agreed with a LL.
Tho OR do advise against adding any tho.
Good luck
Landlords cannot insist that tenant pays for their own professional clean, though they can use and bill them for a professional cleaning service if the tenant does not leave the property in a state as clean as when they first moved in.
er… that’s banned under the Tenant Fees Act. The best the LL can hope for is to attempt to claim it off the deposit and hope that the deposit scheme arbitration rules in their favour if the T disputes the claim.
The only sure way you will know if they are legally binding is to test them in court.
The clause about property return surely mentions wear and tear too.
Perhaps you can give us the wording of your proposed clause/s and we’ll let you know if there are any likely issues with them.
As understand it, the requirement for tenant to have to pay for a professional cleaning service is banned under the tenant fees act, however, if tenant leaves property in a condition less clean than when they moved in then landlord has right to recover costs to rectify from tenant, regardless of if they have left a deposit. Rectifying could involve the use of a professional cleaning service.
This would fall under damages.
If you could give us a source for your understanding, that would be really useful. Without a deposit, I fail to see how you could force a T to pay for cleaning and I doubt a judge would agree that it would fall under “damages”.
But hey, as the wife says, I’ve been wrong before.
Agree in practice pursuing ex tenants through courts for damage costs always going to be tougher than claiming from deposit but could be claimed if more than normal wear n tear and returned in v bad condition
How about this
'If, at the end of the tenancy, the tenant has not cleaned the property to the standard it was in at the start of the tenancy and has left the property in an unsatisfactory condition the landlord can choose to raise a formal resolution, to recoup the amount needed to bring the property up to the standard of cleanliness required.
Again, the accuracy and detail in the inventory and check-in report will be key in deciding the outcome of negotiations. The landlord can’t claim a deposit deduction that would make the property cleaner than it was before the tenant moved in.
**“**Landlords know that the property needs to be left cleaned to the standard it was when the tenant moved in, which is not necessarily cleaned to a professional standard. So, landlords can only apply compensation to bring it up to the same standard as at the start of the tenancy to avoid betterment.”
"
Or
Landlords can only charge tenants for cleaning if the property is left significantly dirtier than at the start of the tenancy, going beyond fair wear and tear. Under the Tenant Fees Act 2019, landlords can’t get tenants to pay for professional cleaning by default, but they can deduct reasonable costs from the deposit if there’s evidence that extra cleaning was needed. As a general rule, tenants are expected to return the property in the same clean condition it was let in, but they can’t be charged for basic wear and tear.
https://www.sandradavidson.com/charging-tenants-for-damages/
-same page cites “Red wine stains on carpets – which haven’t been quickly attended to” as an example of damage. Rectifying might mean cleaning not replacement of the carpet.
See also
"A landlord can only charge for carpet cleaning if there is clear evidence of staining, heavy soiling, or negligence that goes well beyond what is reasonable for the duration of the tenancy. For instance, if a tenant leaves large red wine spills, muddy footprints, or heavy pet odours in a carpet, a deduction for a professional deep carpet clean or hot-water extraction treatment is completely justifiable.
What you cannot do is claim carpet cleaning just because the carpet looks slightly older or less vibrant than it did a few years ago."
Best
Cleaning does count as dilapidations and a landlord could pursue the tenant through the courts as Mark suggests.
good stuff… thanks guys. Glad to learn that one for free.