With cleaning disputes at the forefront of a reported 46% of all deposit disputes handled by the TDS during 2009-2010, and mydeposits also reporting cleaning to be a major initiator of Alternative Dispute Resolution, can Landlords help to break this cycle? Kate Maddison from the Live Letting Exchange explores this thorny issue:
“Cleaning is a contentious issue. Let’s face it, most people have differing opinions regarding levels of cleanliness; what may be considered as clean by one person could be deemed as dirty by another. So how can Landlords look to defuse a potential dispute before it starts? Put simply, there needs to be clarification from the outset as to how clean the property is at the start of the tenancy. Whilst this could of course be detailed within the tenancy agreement, unfortunately wording such as ‘cleaned to a good domestic standard’ still allows for a difference in interpretation.
In my opinion, a professionally prepared independent Inventory is the best way to confirm the cleanliness of the property at the start of the tenancy, leaving no room for debate. Professional Inventory Clerks are comprehensively trained to recognise cleanliness standards and are therefore best placed to comment; the benefit of the impartiality that an independent Inventory Clerk provides should not be underestimated, as it eliminates potential claims of bias that the Tenant could choose to rely on should a dispute arise.
Professional Inventories are all well and good, however if these are not backed-up with professional Check-In and Check-Out Reports then the potential for dispute increases dramatically. Providing consistency within Reports is paramount, and by subjecting a tenancy to different styles of Reports, completed by a mix of professional Clerks and Landlords own documents, this allows room for differing opinions and again ultimately opens the doors for a dispute.
Landlords could of course decide to professionally clean their properties before they are let. Given that Tenants have a duty to return a property at the end of their tenancy in the same condition, except for allowances for fair wear and tear (which cleanliness does not fall into), then they have a duty to professionally clean the property prior to vacation. However, this ‘solution’ is not as simple as it may at first appear. For example, such a requirement within a tenancy agreement could be crossing the boundaries of ‘unfair clauses’ and could be seen as penalising a Tenant who did not have the funds to employ professional cleaners - particularly if the Tenant has spent time cleaning the property to a high domestic standard, but had not managed the achieve the ‘surface gleam’ that a professional clean provides. Again, this could lead to a dispute - which would in all probability may be awarded in favour of the Tenant.
If a Landlord wishes to take a deposit from the Tenant then they should seriously consider employing a professional and experienced provider to prepare each Inventory, Check-In and Check-Out Report. By investing in unbiased Reports, disputes of any nature can be minimised. As a consequence the Landlord will be free to make the appropriate fair deductions from the Tenants deposits and ultimately be in a position to return the property to the market sooner than if they were engaged in a dispute and are awaiting funds from the deposit to rectify the issues within the property”.
The Live Letting Exchange provides nationwide Inventory services to Landlords and Letting Agents. To find out how you could benefit from their services, please contact Kate Maddison, 07736517459 or kate.maddison@live-lx.com
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Comments
Tony's suggestion is one I have operated already. Basically, NON-RETURNABLE cleaning fee (in line with current quote from professional cleaners ) is payable upfront, nothing to do with deposits or damages or fair wear and tear. This reserves the flat, prior to deposit payable close to moving in time, or whenever you decide. In answer to worry that it's unfair on someone who can't pay or may not agree top "hotel" standard is necessary, then why not tell that tenant, we won't have the flat cleaned before YOU move in, but will hold the previous tenant's cleaning fee ready for when YOU move out.
I have always made the proviso, if you move out in 5 years' time, and by then the cleaning fee goes up, then I will absorb that. I will just do anything to prevent the frustrating experience (after 25 years of letting) of hearing how much cleaning was done, so give me my deposit back in full, after spending anxious Saturday afternoons struggling to bring the place up to standard for (picky) new tenant ! If course tenants hate the idea of good money spent on a place they never cared about anyway, if THEY live in a pig sty, they hardly want to fork out for proper cleaners. Other thing I offer, if you can put forward a professional, local cleaning company, that sends staff in a van with 2 vacuums with spare bags/carpet cleaners/all materials at a time that suits the landlord (and next tenant), costing less, then I will refund the difference AFTER the job is done (but give me 3 months to check them out, get promises of fulfilment of obligations and promises. No good just sending someone's domestic cleaner along to spend the afternoon pottering about, what if hoover breaks, no bags left, can't get up to clean windows. Someone has to check after them, and dust the ceilings and tops of cupboards rendering their paltry efforts useless 'cos everything lands on the "cleaned" areas.
Sorry for this tirade/rant, only other landlords will understand why this issue is so contentious and frustrating. Oh one last thing, how many times have I cleaned up after tenants who when THEY moved in, turned their noses up at anything less than new /spotless/shining with knobs on ? huh?
This is marketing puffery. The fact is inventory clerks' view and phrases like "good and clean condition" or "some markings" is itself open to question. Even photographing every square inch of the property won't work because it's so easy to dispute the exact location of marks on, say, large expanses of wall.
Perhaps one solution would be to oblige each tenant to pay a whole-house (incl. windows) cleaning deposit at market rates at the start of the tenancy, which the landlord will use to pay for the cleaning when the tenant moves out. This means the tenant doesn't have to think about cleaning on top of all the hassles of moving, and there is a guaranteed pot of money to use to satisfy everyone concerned.