Can L demand £100 cleaning fee as per clause in AST?

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    Can L demand £100 cleaning fee as per clause in AST?

    Hello again,

    As I said in my previous thread, my dodgy landlord has used his break clause because I refused his rent increase. I have to leave at the end of May and I'm starting to think about moving out, I have exams throughout May and finish a few days before moving out so its probably best to sort most things out now.

    Anyway, my contract states that I have to pay a £100 Cleaning fee upon leaving - presumably because they did not take a deposit. Now, I'm almost 100% certain that the company will not use this to clean the property, it was disgusting when I moved in so I had to spend most of the first day making it habitable, including throwing out someone's old underwear and a (thankfully unused) sanitary towel. I am wondering if I can pay a company to clean the property instead of paying the landlord, and send them a receipt in order to prove I used the money to clean the place.

    Because I am human, I want to be secure in my mind that the next tenant (moving in a few days after I leave) has a clean property. Mainly because they're in for a torrid time during the tenancy.

    Thank you for your help.

    #2
    What does the relevant clause say exactly?

    Comment


      #3
      Repair of the Premises

      To ensure that the Premises is kept clean and tidy and in as good a state of repair decoration and condition as at the date hereof (except for accidental fire, fair wear and tear and damage caused by the Insured Risks) and immediately replace all broken glass, defective tap washers, electric light bulbs and fuses at the tenant’s cost. Upon the tenants departure from the property a £100.00 cleaning fee will be come payable by the tenant to the landlord.

      Comment


        #4
        So the £100 is payable in any event. You signed-up to it, so you're bound by it. Where's the problem?
        And- no, you cannot unilaterally decide not to pay (on the grounds that you'll do the cleaning)! The clause is clear, isn't it?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          That's what I feared. I'll have to clean the property as best I can before I leave and hope the landlord has an epiphany.

          Thanks for the help.

          Comment


            #6
            Originally posted by roryl View Post
            That's what I feared. I'll have to clean the property as best I can before I leave and hope the landlord has an epiphany.

            Thanks for the help.
            Why? If it was dirty when you moved in and you are paying a cleaning fee anyway, you are surely entitled to leave it as you found it.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Oh funky, they've merged my posts.

              I was going to ask another question, regarding guarantors. Is there a legal definition of the obligations of a guarantor with regards to an AST? I was looking through my contract and noticed, aside from the preamble (setting out the parties to the contract) and the signature section, the guarantor is not mentioned at all. It seems a bit strange that they requested a guarantor but did not clearly set out any obligations for them (e.g. paying rent if unpaid). The only reason I can think of as to why they would do that is if 'guarantor' is a legally defined concept.

              Comment


                #8
                Originally posted by mind the gap View Post
                Why? If it was dirty when you moved in and you are paying a cleaning fee anyway, you are surely entitled to leave it as you found it.
                This is true, I would like the next tenant to move into a reasonably clean property. As I understand it, as the landlord neglected to do an inventory, I could leave the property in whatever state I wanted as they'll have no proof that it was clean before I moved in.

                Unfortunately, I have a conscience so I'll make some effort to clean to as high a standard I can before I hand the keys back.

                Comment


                  #9
                  Originally posted by roryl View Post
                  Oh funky, they've merged my posts.

                  I was going to ask another question, regarding guarantors. Is there a legal definition of the obligations of a guarantor with regards to an AST? I was looking through my contract and noticed, aside from the preamble (setting out the parties to the contract) and the signature section, the guarantor is not mentioned at all. It seems a bit strange that they requested a guarantor but did not clearly set out any obligations for them (e.g. paying rent if unpaid). The only reason I can think of as to why they would do that is if 'guarantor' is a legally defined concept.
                  If a Guarantor validly executed the Letting Agreement, there must surely be some reference in the Agreement to the obligations that G is undertaking.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Absolutely none as far as I can see. Aside from the two mentions at the beginning and end of the agreement, the word guarantor doesn't appear in the contract and I can't see any reference to the guarantor that doesn't explicitly use the word guarantor.

                    Comment


                      #11
                      Occasionally G obligations appear on the backsheet (e.g. in Law Society Business Lease format). Nothing there, either?
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        The "Deed of Guarantee" is probably a separate document, which you might not have. Originals wll be with the guarntor and the landlord/agent.

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          The "Deed of Guarantee" is probably a separate document, which you might not have. Originals wll be with the guarntor and the landlord/agent.
                          Possibly; so, if G is executing a Deed of Guarantee, why even refer to G in the Letting Agreement (let-alone require G to execute it)?
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            The only document we were provided with and signed is the tenancy agreement. We were not provided with anything else to sign by the landlord or his agent. The first I heard of 'Deed of Guarantee' was when I stumbled across the term on this forum (which then prompted me to look over my agreement and subsequently prompted my question).

                            Comment


                              #15
                              Yes, but then you as T are not party to (nor do you need to execute) any Deed of Guarantee.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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