That sounds right to me, MTG; but it seems what I'm up against here is the arbitrator and how s/he judges these things; and I suspect, given all I've read about the arbitration process, then Rosemary is right and that the arbitrator will want to see full-proof evidence that you've given the tenant the opportunity to clean/make repairs you've asked for. What if, for example, the tenant does some cleaning which they regard as satisfactory/as returning the property in the state they found it in, only for landlord to object? Is the LL entitled to say, 'you've had your chance, now I'm doing it'; or, as Rosemary says, does the LL have to go to the T. and say 'do it again and to my instructions otherwise I'll do it and charge you for it'?
I've done end of tenancy clean myself – how do I charge tenant?
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Originally posted by mind the gap View PostIf that was demonstrably 'squeaky clean', then one can demand squeaky cleanliness in return.
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It is amazing how it is expected that a property is expected to be "squeaky clean" when a tenant moves out but when a tenant moves in it is alright to be "fairly clean". It seems to me that four hours to clean a kitchen is ridiculous unless it is completely wrecked. I have been a Landlord for over 15 years and have never expected a tenant to leave a property "squeaky clean". To me it is just an excuse to keep the tenant´s deposit. If a property has been left in an appalling state fair enough but other than that be fair.
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What Hampton says reminds me that on another site a poster said:
It would be nice if the deposit arbitrations were a bit more even handed in their decisions towards the landlords. Tenants are getting away with not paying for damages and repairs by about 81% of the time, despite photographic evidence and testimonials.
To which I replied:
I do not think we can necessarily conclude that arbitrations favour tenants because they are "winning" 81% of the time. The figure may, and I am sure at least in part must, reflect the fact that many landlords have unreasonable expectations. A scuffed skirting board does not mean the tenant has to pay for the room to be redecorated; a cigarette burn on an armchair does not entitle the landlord to claim a new three-piece suite; a scorched worktop does not mean the landlord can insist on new kitchen units.
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by KTC
"The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless" [a bunch of grounds that DOES NOT include ground 1]....-
Channel: Residential Letting Questions
02-07-2022, 09:59 AM -
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by AndyhambwaHi,
We were renting since June 2021 for a year and just recently signed tenancy agreement for another year. A week after that we received s21 from our landlord with 2 months notice.
Our tenancy agreement contains a break clause which mentions period after 4 months of the initial...-
Channel: Residential Letting Questions
01-07-2022, 18:28 PM -
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by jpkeatesThat's a really interesting perspective....
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Channel: Residential Letting Questions
02-07-2022, 09:54 AM -
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by FairAppleCorrect me if I'm wrong, but it seems that allowing arbitration through the ADR requires consent from both the tenant and the landlord. Obviously the tenants are likely to prefer this when they do not agree to a given deduction.
But what prevents a landlord from making a deduction right...-
Channel: Residential Letting Questions
01-07-2022, 07:53 AM -
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by boletusI think the bar is set higher for ADR. A successful claim needs a good signed dated inventory, original receipts, date stamped photos, witnesses etc. Effectively beyond reasonable doubt.
A court uses balance of probability.
I don't think ADR are biased against landlords, just...-
Channel: Residential Letting Questions
02-07-2022, 09:20 AM -
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by jpkeatesCould the OP please quote the break clause?
I don't think that the s21 notice is valid as a s21 notice, but it might trigger the break clause.-
Channel: Residential Letting Questions
02-07-2022, 09:19 AM -
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Reply to Wife doesn't have right to resideby jpkeatesEveryone should try to do them, because they're a defence if something goes horribly wrong.
But the rules are really complex and landlords shouldn't be policing the UKs immigration process - which is a complete mess anyway....-
Channel: Residential Letting Questions
02-07-2022, 09:13 AM -
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by BerlingogirlMy prospective tenant (T) has the right to rent here because he has an appropriate visa and he works in this country. He's been here nearly 4 1/2 years and is going to apply for British citizenship so he seems ok.
However, his wife (W) does not have the right to live here, is applying...-
Channel: Residential Letting Questions
30-06-2022, 11:31 AM -
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by red_boots2Interesting update to this...
The troublesome tenant has been put on something the council called a managed tenancy to see if her behaviour improves over the next six months.
By the sounds of it nothing has improved, one of the neighbours had his car keyed in a random act of...-
Channel: Residential Letting Questions
02-07-2022, 08:24 AM -
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by red_boots2My tenant informed me yesterday she thought she'd seen a Rat or Mouse in the Kitchen, I only live 5 mins away and popped over to have a look. I couldn't see any entry/exit points or any signs of droppings, however behind the kickboards under the boiler pipes were some partially eaten Easter eggs and...
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Channel: Residential Letting Questions
24-04-2022, 10:28 AM -
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