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The Pitfalls Of The 2019 Tenant Fees Act: How To Avoid End Of Tenancy Cleaning Arguments

When the Tenants Fees Act was officially introduced on June 1st 2019, it caused quite the stir in various industries. Property estate managers, letting agents, and landlords scrambled to adjust to the new requirements. At the same time, professional contractors prophesized doom and gloom about the end of tenancy cleaning sector in the UK. Why? According to the Act (you can check the full text here), “ a landlord must not require a relevant person to enter into a contract with a third party in connection with a tenancy of housing in England if that contract for the provision of a service.” In short, landlords could no longer demand that tenants hire a professional service to do the end of tenancy cleaning.

In a further explanatory appendix to the legislation, property owners and tenants could find the following information: “Can I charge a tenant for a professional clean at the end of a tenancy? No. You cannot require a tenant to pay for a professional clean when they check-out.” You might expect this to be the end of the story – the provision is as clear and straightforward as it gets. But it is not, and today we will try to explain why.

The Inherent Contradiction In The Tenant Fees Act

Just a paragraph below the one we cited, you can find the following sentence: “You may request that a property is cleaned to a professional standard. Tenants are responsible for ensuring that the property is returned in the condition that they found it, aside from any fair wear and tear.” While “wear and tear” are further defined in the provided explanatory text, “cleaned to a professional standard” is not. So what does it mean?

Herein lies the vague contradiction in the legislation—landlords cannot demand that tenants hire a professional contractor but can require their property to be cleaned to a professional, though undefined, standard. As usual, real-life experience and case studies point us to a more reasonable answer.

Michael Sullivan, a seasoned estate agent operating in South West London, gives an explanation. “As with everything else, you must work on a case-by-case basis. Let’s assume that the previous tenants in property A hired a professional company for their move-out deep clean. The landlord has documented this – for example, they have photographed the property immediately after the cleaning procedure or kept the invoice from the service provider. In other words, they can prove it was cleaned professionally. When the next tenants move out, the landlord can point to the invoice and cite the “cleaned to a professional standard” clause. They would have cause to withhold a portion of the security deposit equal to any cleaning expense they make.”

Booking A Tenancy Cleaning Contractor Avoids All This Hassle

You may call me biased (for obvious reasons), but I think tenants have jumped on the “you cannot make me book a cleaner” train for entirely the wrong reasons. Yes, booking a tenancy cleaning provider is no longer mandatory and cannot be enforced in the letting contract. But it is still the easiest way to avoid a potentially complicated and entirely pointless argument with your landlord.

A few months ago, we had an end-of-lease cleaning quote in Hammersmith that can serve as a cautionary tale. Stanley Sullivan is what I would describe as my dream customer—well-informed, intelligent, and proactive. He had done his homework, getting acquainted with the Tenant Fees Act, and decided that he would put his rented apartment in order on his own before moving out. “The thing is, I have always been something of a contrarian. If my parents told me to do something, I would often stay – or what? I am afraid I brought the same attitude to my tenancy cleaning situation, which was a mistake.”

“Let me be perfectly honest”, admitted Stanley, “the place was not sparkling clean. But it was definitely in decent sanitary condition. I did a thorough vacuuming of all rooms, dusted every single shelf and even polished the kitchen sink – which was a first for me! Maybe my poorest showing was in the bathroom and if I could offer some advice to fellow tenants, I would say – put all your efforts in the bathroom. It is the one place in your apartment that cleaning imperfections stick out the easiest. I thought I could get away with it, but my landlord had different ideas.”

It turned out Stanley’s landlord was also well-prepared. Fortunately for our customer, he was not combatively contrarian. Mr Williams (the landlord) advised Stanley to book a professional cleaning company to avoid the unnecessary and time-consuming hassle of disputing the issue before their TDS (tenancy deposit scheme). “My initial reaction was negative”, laughed Stanley when I first talked to him, “but then I saw the reason of Mr Williams’ advice. Did I want to lose so much time for something so trivial? And potentially lose the argument because instinctively, I knew I was not on the right side of it.”

How To Avoid The Security Deposit Argument In The First Place?

Although I am not a professional estate agent, I’ve seen my fair share of security deposit debates and have even been a part of a few as a third party. The Tenant Fees Act did tip the scales in the tenants’ favour, but they have taken it to an extreme – as if they don’t have a cleaning obligation upon moving out at all. This attitude sets them on a collision path with the landlord that is perfectly avoidable if you follow these simple rules:

  • Set the rules straight at the very beginning of leasing the property. Ask your landlord if the property was cleaned professionally before you moved in and discuss their expectations for a future move-out.
  • Keep the communication open and positive. The easiest way to open up Pandora’s box is to be combative or neglect your landlord’s suggestions and reasonable requirements.
  • Mandatory: document the condition of the property the moment you move in. Take multiple pictures of all rooms, concentrating on potentially contentious areas like the bathroom and the kitchen.
  • Do your homework – study the legislation (it is easier than you imagine) and try to understand the difference between “fair wear and tear” and the place being dirty.
  • If the issue does go into dispute, seek the help of a third-party inventory service. Usually, TDS companies provide such an option, so they should be your first call.

What’s my overall impression? The Tenant Fees Act is a game changer, but it most definitely is not the death knell of the tenancy cleaning sector for one simple reason. Most people would still find it much more convenient to book professional cleaners to do the dirty work for them—and it is still the easiest way to secure the elusive “cleaned to a professional standard” stamp of approval that gets them their security deposit back!