Who should be responsible for the cleaning cost?

martin_n · #1 31-07-2006, 08:46 PM

Please let me have your opinions on the issue below.

About two weeks before moving out of the property, my tenant asked me if he could clean the property by himself instead of hiring a professional cleaner before handing over the property (as written in the tenancy), so I agreed with him as long as the property is cleaned as it was first handed to him.

Two days before moving out my tenant texted me if I could do the final walk the day before he moved out. Because I was on holiday I told him that I could not come back the day after and thought that it was the agent responsibility because I paid for their management fees and they did the check in.

However, when I viewed the property with the agent a day after the tenant left, the property was not cleaned as I expected, so we agreed that we needed to hire a professional cleaner to do the job properly. Now the teant refused to pay for the cost and wanted all the deposit back. He reason is that I agreed for him to clean the property by himself and also no one was available to do the check out so we could make it up.

Thanks.

Martin_n

MrShed · #2 31-07-2006, 08:59 PM

You are in the right as long as you have some form of proof of the condition of the property prior to him moving in(ie an inventory). A tenant has no right to be present at a check-out, although it is a good idea for them to be present.

pippay · #3 31-07-2006, 09:14 PM

Mr Shed .. it really seems stupid to me that the tenant has no right to be at the check out ... it would save SO much time and aggravation for both parties - and probably massive amounts of court time wasted in disputes!

NB Good to see you back

MrShed · #4 31-07-2006, 09:19 PM

And good to be back

Yes though I absolutely agree with you....a tenant should have a right to a mutually agreeable time of check out so that they can be present, would make a lot of sense!

Paul_f · #5 31-07-2006, 10:02 PM

Just to put you right!

You cannot make a tenant have the property "professionally cleaned" even if it says so in the tenancy agreement (potential unfair term)
The tenant only has a responsibility to leave the property in as clean a state as when he took it on less wear & tear, that means scuff marks on walls and paintwork and minor marks or stains on carpets should be ignored.
The check-in and check-out inventories will be the evidence, and I bet it will not be good enough to warrant withholding any of the deposit.
The reason a tenant is not entitled to be at the check-out is because it's the landlord's onus of proof that will need to be used if court proceedings are necessary; the tenant does not need to prove anything. Anyway some tenants want to argue the toss when you are trying to do your job if you invite them to attend.
The tenant is right about nobody being available to do the check-out as it's not his problem somebody failed to attend on the right day; also the fact the landlord agreed to let him clean it is beyond his powers to deny him that right anyway!

martin_n · #6 31-07-2006, 11:26 PM

Thanks for the comments.

From the comments it seemed to me that it is not the tenant fault even he did not clean it properly. When the tenant called the agent to arrange for the check out and he was told to contact me to do this. Instead of telling me exactly what the agent told him the tenant only texted and asked if I was available for the final walk the day before he was handing over the keys.

If I knew it was my responsibility to do the check out then I would ask him to do the check out the day he supposed to hand over the keys. Also I think the agent should have told me it was my responsibility.

Do you think that I should ask the agent to share for this cost because it is their fault of not warning me whilst I paid for their management fees.

Thanks.

Jennifer_M · #7 01-08-2006, 08:27 AM

Surely if you hire the agent to manage the property it should be them doing the checks at the end of the tenancy?

Planner · #8 01-08-2006, 09:21 AM

i think its becoming clear that there is a communication problem between the letting agent and yourself. I would gove the tenant their deposit back and try and resolve the situation with the letting agent, otherwise you may end up with egg on your face should the tenant take further action, as it is ultimatley the LL responsibility to repay the deposit not the agents.

paul_c · #9 01-08-2006, 11:41 AM

Quote:

Originally Posted by Paul_f

[*]The check-in and check-out inventories will be the evidence, and I bet it will not be good enough to warrant withholding any of the deposit.

That's a bit of a broad statement. How can you say it wont be good enough?

martin_n · #10 15-08-2006, 04:26 PM

I got an email from the agent last week that they would deduct a further £100 from the tenant's deposit for doing the check out (Without the tenant as initially mentioned). I was a bit confused and aksed the agent for explanation why and they answered that in the contract it stated that "the landlord is responsible for the costs of check in and the tenant is responsible for the costs of check out" regardless it is the landlord or agent. So they said I should not be worried as this is a norm.

I find this really hard to believe or accept as to why the tenant has to pay this cost. This agent is very well known and large within London area, I guess they must know what they are doing. Is the agent right???

Thanks.