Cleaning Costs Upfront

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    Cleaning Costs Upfront

    Is it possible to take after-tenancy DEEP cleaning costs from tenant instead of deposit/protect. This ensures cleaning gets done to a high standard without proving anything. Your thoughts please....

    #2
    Why not protect it, and refund if the tenant does not get it done themself?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      John Duff,

      It's an interesting idea. However, I bet some clever lawyer will allege it to be a deposit, and so invalidates your S21. (Not to mention lack of protection penalties.) I wouldn't want to risk that.

      Comment


        #4
        It is recommended by some (petswithlets etc) to charge a non refundable cleaning charge so that the property can be professionally cleaned at the end of the tenancy. My understanding is that as it is non refundable it isn't a deposit and doesn't need to be protected but you can't do this in Scotland.

        Comment


          #5
          It's a deposit: It will need protecting.. see...HA 2004 S212clause8
          http://www.legislation.gov.uk/ukpga/2004/34/section/212
          (8)In this Chapter—
          ......etc etc etc......

          “tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
          (a) the performance of any obligations of the tenant, or
          (b) the discharge of any liability of his,

          arising under or in connection with the tenancy.
          Just take a deposit & protect it, and if necessary increase the rent to cover cleaning costs you may never need to spend (tenant may be OCD clean..)
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Originally posted by theartfullodger View Post
            It's a deposit: It will need protecting.. see...HA 2004 S212clause8
            http://www.legislation.gov.uk/ukpga/2004/34/section/212
            (8)In this Chapter—
            ......etc etc etc......

            “tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—
            Why is it a deposit though - it's not security in any form. It's a non-refundable fee. I do agree that if we're not clear, and are arguing about it here, I wouldn't like to be doing do in court in front of a sharky lawyer and a tenant-friendly judge.

            Imagine making the charge for incoming tenants for cleaning as suggested, but having it for the cost of cleaning the property *before* they move in, rather than after they move out. No way would anybody construe that payment as being deposit. I don't see what the timing of when the money is spent has to do with its status as 'deposit' or not?

            Comment


              #7
              I see what Eric, Jackboy & John Duff are saying, and it sounds sensible. The trouble is of course, that if you do take such a fee, and a case comes to the high court (just like Superstrike,) and it is ruled a deposit, then you immediately become liable for fines, and can't use a section 21 notice.

              (Also anyone who you charged that fee to in the last 6 years can also ask for you to be fined.)

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