Navigating Cleaning Clauses - Your End of Tenancy Exit Strategy
Cleaning of a property can often be the cause of contention between landlords and tenants, yet most tenancy agreements stipulate that the property should be returned in similar condition as when first moved in by its occupants.
29/10/2023
Cleaning of a property can often be the cause
of contention between landlords and tenants, yet
most tenancy agreements stipulate that the
property should be returned in similar condition
as when first moved in by its occupants.
However, the exact definition of similar
conditions often depends on how each party
manages their expectations. Read the following
article to get a deeper look.
1. Know Your Limits
Landlords typically include a clause in their
lease agreement that clearly outlines tenants'
responsibilities when it comes to maintaining
the property, leaving no room for interpretation
or debate. Landlords can also provide tenants
with move-in and move-out checklists so they
have an understanding of what's expected.
Tenants should do a comprehensive screening
process when interviewing prospective landlords
and asking about their experience managing
properties. A good screening process like
content on this channel describes --
Anyclean on
Youtube -- should reveal whether a landlord has
a proven record for keeping properties clean and
in good condition, with less stringent cleaning
expectations that allow room for negotiation
between landlords.
If a landlord cannot
or refuses to negotiate with his or her tenant,
it may be time for an alternate approach. A
property that's unclean can significantly lower
its value and cause harm to its occupants;
landlords and tenants should find equilibrium
between reasonable cleaning expectations and
preventing disputes when tenants move out.
2. Set a Seventy-Five Day Reminder
As a landlord, it can be stressful worrying
about the condition your property will be left
in by tenants. Damage caused by tenants could
reduce its value and cost you both in repairs
and lost rent; but don't think that just
throwing people out because their place is dirty
would solve anything; in fact, according to law
you can charge them costs when necessary.
Although each tenancy agreement varies, most
include a clause stating that tenants must
"clean on close". This ensures the landlord is
completely satisfied with the state of
cleanliness when their tenants vacate, with any
necessary adjustments being made in advance to
achieve this outcome.
This typically
includes deep cleaning the kitchen, bathroom,
bedrooms, living area, hallways and any other
spaces responsible for by tenants within the
property. Mowing lawns, washing windows and
vacuuming carpets could also fall within this
scope.
Professional cleaning companies
are an excellent solution for this task, as they
have the equipment and workforce necessary to
get it done quickly and thoroughly. If you
decide to use one of these services, be sure to
start the process at least three to seven days
in advance of when you plan to depart.
If
you need help getting started, there are
numerous resources online with sample clauses
and addendums that can help guide the creation
of your own agreement. Examples include The
Landlord Protection Agency free landlord forms,
eForms, Law Insider cleaning sample clauses and
BiggerPockets cleaning addendum
(https://www.gov.uk/deposit-protection-schemes-and-landlords).
Setting reminders within property management
software is another effective way of keeping up
with when to clean a property and ensure it's
ready for tenants moving in.
3. Don’t Be Afraid to Ask for Help
Have you ever rented property before? Then
you know it can be a challenge getting your
deposit back at the end of a tenancy. Although
tenants are responsible for keeping their rental
space clean and aesthetically pleasing, disputes
between landlords and tenants often arise
regarding cleaning as it often forms the root of
issues not returning deposits according to
Tenancy Deposit Scheme data. In fact, cleaning
is one of the top reasons deposits don't get
returned!
So it is vital for both parties
to establish clear expectations regarding
cleaning responsibilities in their rental
agreement. A cleaning addendum or clause
specific to the property in question can help
avoid future disagreements; in addition, using
an application screening process ensures you
find tenants who will abide by their
responsibilities and keep the space looking its
best during their tenure.
At the
conclusion of each tenancy, landlords should
compile an inventory and take start of tenancy
photographs as evidence against potential
cleaning claims from tenants. These should serve
as an important record.
Under England's
Tenant Fees Act, any agreements which required
professional cleaning at the end of a tenancy
were no longer legal; however, landlords and
letting agents can still file cleaning claims
depending on factors like property condition or
how clean it was when tenants moved in;
generally it's best for both parties involved to
remain civil when discussing any cleaning
matters at this stage.
4. Be Flexible
It is often legal for landlords to charge
tenants for cleaning after they vacate a rental
unit, however some measures can help alleviate
this problem, including hiring the appropriate
tenant in the first place and adding clauses and
addendums into their lease agreement.
Thorough screening online as well as speaking to
their previous landlord is other measures
landlords can take. Ideally, they will maintain
and keep the property tidy throughout their
tenure so providing cleaning checklists or
rental inspection templates may assist them in
documenting maintenance efforts more easily.
End-of-tenancy costs can be expensive, and
often leave renters without their full deposit
back upon moving out. According to studies, over
half of their disputes adjudicate involve
cleaning expenses. However, landlords may decide
not to claim them depending on their
relationship with them, how messy their leave
was, and whether there is enough evidence
supporting their claim.
Roofstock Blog
only provides generalized advice and should not
be used as the basis for making any investment,
tax, financial planning or legal decisions.
Please consult your own advisors prior to making
any significant decisions based on what you read
here.
Final Thoughts
At the conclusion of a tenancy agreement,
endings can be one of the most stressful times
for landlords and tenants alike. Disagreements
frequently arise regarding cleanliness upon
leaving; to reduce this anxiety and prevent
disputes over this matter from arising,
landlords should clearly state in their tenancy
agreement what state the property should be left
in when exiting tenancies.
Establishing
an exit strategy as a landlord who owns rental
properties is smart. A plan will reduce tenant
turnover, making it easier to fill vacant spots
quickly and maintain consistent rental income.
Landlords have the right to charge them an
end of tenancy clean fee if they fail to leave
the property in its original state when they
moved in - provided this clause is clearly
stipulated in their tenancy agreement.
Typically speaking, landlords do not have a
legal duty to ensure that they maintain the
condition of the property during their time
there. You may still be able to point out issues
that need attention - for example trash pileup
or filthy ovens - which could potentially
qualify for cleaning claims if documented such
as photographs or an inventory taken prior to
moving in.
Landlords may wish to conduct
an inspection a day or two prior to their
tenant's move-out date in order to identify any
areas that require extra work, which can help
stave off accusations of bias as well as assist
when filing claims with deposit protection
schemes that hold their deposits.
Renters
do have a lot on their shoulders, however.
Renters would do well to hire professional
cleaners for
end of tenancy cleaning, as they
will complete it much more quickly and
effectively than they can on their own. They
should ensure they set aside enough time for
this task as failing to do it correctly could
mean forfeiting their security deposit.
As landlords, we want our tenants to feel at
home in their rental properties, which is why
it's crucial that we communicate effectively and
in a timely fashion with them in order to meet
their needs and address any potential concerns
promptly. Tenants whose concerns go unattended
could potentially delay renewing their lease
when it's time.
Standard rental
agreements usually contain a clause to specify
how a property must be left at the conclusion of
its tenant's term, including whether all
surfaces should be free from dirt and dust, as
well as more specific instructions such as
sweeping the whole place thoroughly.