Jungle Property Blog

This is the second part of an article that looks at the common issue of carpet cleaning (the first part was here)

8. Terms such as ‘professional cleaning’ and ‘cleaned to a professional standard’ are ambiguous terms for which there is no legal or standard definition. Use of the word ‘professional’ suggests the tenant must pay for cleaning. Given that tenants are capable of cleaning to the same standard as some ‘professional’ cleaners consider how meaningful these terms are. Consider also the cases where the tenant cleans carpets as a profession or the tenant owns their own carpet cleaning equipment – several of our tenants are professional cleaners who own and manage their own cleaning businesses!

9. It is unreasonable to expect the carpets to be professionally cleaned at the end of the tenancy if they are returned in a condition the same as if they were professionally cleaned.

10. If you expect a tenant to have carpets professionally cleaned at the end of the tenancy, you would need to be able to show that they were professionally cleaned at the start.

11. In everyday use carpets collect dirt in the form of food particles, household dust, dust mites, dirt and grit from footwear, perspiration, dead skin and hair to name just a few. A vacuum cleaner alone will not remove all dirt collected in a carpet and will not ‘clean’ carpets to as clean a condition as they were at the start of the tenancy. Is it fair for occupiers (tenants or owner/occupiers) to expect the next occupier of a property to inherit their dirt? We would suggest not so always advocate carpets are ‘cleaned’ at the end of each period of occupation.

12. The Competition and Markets Authority consider end of tenancy cleaning charges to be unfair if they are vague or unclear on what basis the money is being demanded, or the extent of the cleaning involved. Reference: Section 4.4 of Guidance on unfair terms in tenancy agreements here

13. If the dispute over cleaning goes through to the Alternative Deposit Resolution Service (ADR) an adjudicator will make a decision on how the disputed deposit amount is to be distributed between the parties based on the evidence submitted. Comparative evidence is required to establish the condition of the carpet at the beginning and end of the tenancy and should be both conclusive and robust.

Carpet cleaning is one of the most common causes of disputes between landlords and tenants and along with the general cleaning of the property it accounts for 22 per cent of all dispute cases. The following should help provide clarity on what is reasonable:

1. Cleanliness is subjective, what one person considers clean may not necessarily be considered clean by another person.

2. As a matter of normal practice in short lets, reflecting the common law, tenants are expected to return the property in as good and clean a condition as it was when they received it, fair wear and tear excepted.

3. The Competition and Markets Authority object to terms that could be used to make the tenant pay for the property to be cleaned to a higher standard than it was in at the start of the tenancy, or that require cleaning regardless of whether or not this is necessary for the tenant to comply with their normal obligations with regard to the state of the property. Reference: Section 4.8 of Guidance on unfair terms in tenancy agreements here

4. Expecting the property to be cleaned a higher standard than it was at the start of the tenancy could be considered to be betterment – something the landlord is not entitled to.

5. Without employing techniques typically used in forensic science you can never be 100% sure the property is returned in as clean a condition as it was at the start of the tenancy so allow some degree of latitude when assessing cleaning.

6. Terms that insist that a particular company, piece of equipment, cleaning technique or cleaning product is used would be difficult to enforce firstly from a practical standpoint – how could you be 100% sure the prescribed technique was employed and what happens where the specified product is not available or the specified company is no longer trading at the end of the tenancy? More importantly such terms may be considered unfair as they are too prescriptive and ignore the underlying principle that tenants are only expected to return the property in as clean a condition as it was at the start of the tenancy and ‘how’ the tenant achieves this is a choice for the tenant.

7. If the landlord is adamant that the tenant cleans the carpets in a specific way at the end of the tenancy then they must make this a special clause of the tenancy agreement – set out separately from the rest of the standard clauses and as such ‘specially negotiated’ and typically shown in a Special Conditions section of the tenancy agreement.

To be continued here

Before Completion

Tenancy Deposit – If the current landlord has taken a deposit from the tenant, agree arrangements for transfer of the deposit. Any arrangements for the deposit must comply with tenancy deposit protection (TDP) legislation and the deposit must be registered with a government-backed scheme. The current landlord should create an addendum to the Tenancy Agreement to confirm the changed deposit arrangements and ensure this is issued to the tenant(s) with a copy signed by the tenant(s) attached to the Tenancy Agreement.{If you are planning on issuing a new Tenancy Agreement immediately after completion, this may not be necessary}

Documentation – Request that the current landlord provides you with the following documentation as applicable:

1. Current Tenancy Agreement signed by the tenant(s).

2. Any Guarantor Agreement signed as a deed {Only tenancies where a guarantor was used}.

3. Deposit Protection {Only tenancies where a deposit was taken}

a. Deposit Protection Service (DPS) – Details of Deposit ID
b. MyDeposits – Copy of Deposit Protection Certificate signed by both parties.
c. Tenancy Deposit Scheme (TDS) – Copy of Tenancy Deposit Protection Certificate.

4. Deposit Prescribed Information {Only tenancies where a deposit was taken}

a. Deposit Protection Service (DPS) – Copy of the Prescribed Information Relating to Tenancy Deposits as an attachment to the Tenancy Agreement with both parties signatures on the last page.
b. MyDeposits – Proof that the tenant(s) has been provided with the prescribed information.
c. Tenancy Deposit Scheme (TDS) – Copy of the Prescribed Information Relating to Tenancy Deposits either as an attachment to the Tenancy Agreement or as a standalone document with both parties initials on each page and signatures on the last page.

5. Copies of any agent/landlord Gas Safety Record/Certificate issued for the property within the last 2 years {Only properties with a gas installation}

6. Proof that the tenant(s) have been provided with any Gas Safety Record/Certificate issued for the property {Only properties with a gas installation}

7. Proof that the tenant(s) have been provided with any Energy Performance Certificate (EPC) issued for the property {Only properties for which an EPC is required and tenancies that started on or after 1st June 2007}

8. Copy of Inventory and Schedule of Condition Report signed by the tenant(s) {Where compiled}

9. Rent schedule and payment history for the tenant(s).

10. Copies of any notices served on the tenant(s) or received from the tenant(s) during their tenancy.

11. Copies of any Electrical Installation Condition Reports (EICR) or records of portable appliance testing of any appliances provided by the landlord as part of the tenancy.

12. Record of Legionella risk assessment together with any written scheme for preventing and controlling Legionella.

13. Contact details (telephone numbers and e-mail addresses) for tenant(s).

14. Proof of immigration status for tenant(s).

15. Proof that the How to rent – The checklist for renting in England was provided to the tenant(s) on or before the day the tenancy began.

16. Proof that the prescribed alarms (smoke and carbon monoxide) at the property have been checked by the Landlord or someone acting on behalf of the Landlord, they are in proper working order on the day the tenancy began.

17. Letter of Authority from current landlord {You will give this to the tenant(s) proving you are the new landlord – can be included as part of the section 3 notice of assignment – see below}

18. Any other documentation or material information relevant for the effective management of the property.

On Completion of Purchase

1. Arrange for new Tenancy Agreement to be signed {Optional but advisable}

2. Serve section 3 Notice of assignment of landlord’s interest {Notice in writing of the assignment given to the tenant(s) to include your name and address – must be given not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months. A person who fails to do this commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale}

3. Serve section 48 Notice of address for service of notices {Not required if arranging for new Tenancy Agreement to be signed and Tenancy Agreement has a clause that covers the section 48 requirements}

4. Prepare Prescribed Information Relating to Tenancy Deposits {This will include new landlord details}

5. Arrange to meet the tenant(s) at the property. This will be an opportunity to:
o Provide any of the above documents
o Provide your emergency contact details and check tenant’s contact details
o Provide details for payment of rent typically a Standing Order Mandate form
o Inspect the property for any defects, health and safety issues and tenant’s compliance with the terms of the Tenancy Agreement.
o Introduce yourself

Have I missed anything?