Some of the main causes of disputes between landlords and tenants surround the cleanliness of the property at the end of a tenancy. In England, Scotland and Wales, cleaning claims are the top reason submitted for deposit deductions, followed by damages to fixtures and fittings and rent arrears in third place.*
Cleaning claims often lead to disputes at the end of a tenancy, but with the right rental property cleaning guide and deposit return advice, you can navigate this process smoothly.
Let's dive into what it means to leave your rental spotless and the steps you can take to achieve that.
Before the tenant moves into the rental property, they usually pay the landlord a deposit (no more than 5 weeks’ rent) which, by law in England, Wales and Scotland, should be protected in a government-approved tenancy deposit protection scheme.
Deposit schemes protect both the landlord and tenant by mediating between them, in case an agreement cannot be reached on how much of the deposit is to be paid at the end of the tenancy. The scheme’s findings are binding on both parties.
Note that there are also deposit alternatives, for which you can find more information here. Also keep in mind that Scotland has different tenancy deposit schemes to England and Wales.
The deposit is returned at the end of the tenancy, once landlord and tenant have come to an agreement. Where an agreement can’t be reached, a dispute needs to be raised so that the protection scheme can step in and take over. Whilst unusual, the courts can also instruct on how the deposit is to be handled.
This will vary depending on whether the landlord and tenant are in agreement on the claim against the deposit and how long it takes them to reach that agreement. If both parties are quick to act, a deposit will usually be released in a few weeks.
A landlord must demonstrate that they have a legitimate claim against their tenants' deposit. Successful claims typically centre on the cleanliness and condition of a property, including its contents, fixtures, and fittings at the end of the tenancy in comparison to when it started. Landlords cannot claim for deterioration through reasonable fair wear and tear. If a dispute arises, landlords will typically be required to evidence their claim, primarily with inventory documentation and copy invoices/quotations.
Landlords can also claim for rent arrears.
As over half of the disputes surrounding tenancy deposits are down to the cleanliness of the property, we suggest that you make cleaning for the security deposit a top priority. Here's a move-out cleaning guide to help you leave your rental in top condition:
The update to the Tenant Fees Act 2019 prohibits the inclusion of clauses that request tenants to hire a professional cleaning service at the end of their tenancy.
Lastly, keep in mind that your next landlord may ask your old landlord for a reference on how you looked after the property and if it was returned in accordance with the terms of your tenancy agreement.