End of Tenancy Cleaning Guide: Property Condition Issues

Page Contents

• Tenant Responsibilities for Cleaning During the Tenancy
• What Condition Should Tenants Leave the Property In?
• Can a ‘Professional Cleaning’ Clause Be Enforced in a Tenancy Agreement?
• How Much Can Landlords Charge for Cleaning?
• Can a Tenant’s Deposit Be Used for Cleaning Costs?
• Professional Buy-to-Let Cleaning Services
• Property Inventories and Check-In Reports
• Final Inspection for Assessing Property Cleanliness
• When a Tenant’s Standard of Cleanliness Is Not Acceptable
• Final Notes: Cleaning Issues, Circumstances, and Possible Solutions

Tenant Responsibilities for Cleaning During the Tenancy

Ok, so before diving feet-first into the “end of tenancy cleaning” process, I just want to share my perspective on the basics of tenants and their responsibility to clean, because it’s an issue that generally has two very polarised viewpoints.

I’ve read many articles, including this one on the Citizens Advice website, that states that the law implies that the tenant has a legal responsibility to “keep your home reasonably clean”

I’ve never read such legislation anywhere, and I’m actually inclined to believe that’s not true to a certain degree.

Yes, I believe it is the tenant’s responsibility to keep the property clean, but I don’t think it’s their legal responsibility. See the difference?

The alternative view – which is where I stand, along with industry experts, including Tessa Shepperson from LandlordLaw website – is that when a landlord rents a property to a tenant, it effectively becomes their home for the duration of the tenancy. That means the tenant is entitled to live how they choose, even if that means in extreme squalor, and there is often very little a landlord can do about it. Not even a contractual clause about cleanliness will necessarily change that position.

However, the landlord is still entitled to make suggestions and recommendations if anything concerning arises during a routine property inspection, such as overflowing bins or early signs of poor housekeeping.

But more importantly, if the tenant has created an unsafe environment that raises genuine health and safety concerns, the landlord may have valid grounds for possession. However, in most cases, this is not necessary or appropriate.

What Condition Should Tenants Leave the Property In?

The general rule of thumb is that tenants are expected to return the property in the same condition they received it, minus any fair wear and tear, as defined under fair wear and tear.

It’s important not to get this mixed up (which many do) – there is a clear difference between cleanliness and wear and tear. An item can be aged or worn, but it can still be clean.

In reality, it’s as simple as that, and most tenants don’t cause any issues; they leave the property in an acceptable condition (and occasionally, if you’ve hit the jackpot, they leave it in better condition – it does happen, surprisingly).

However, as you’d expect, end of tenancy cleaning is still a common source of disputes, and one of the leading reasons for deposit deductions.

Can a ‘Professional Cleaning’ Clause Be Enforced in a Tenancy Agreement?

Many tenancy agreements are riddled with clauses which state the tenant must use a professional end of tenancy cleaning service.

Here’s what The Office of Fair Trading says on the matter in their Guide on unfair terms in tenancy agreements:

4.4 Cleaning charges – a requirement to pay for cleaning at the end of the tenancy may be unfair if it is vague or unclear about the basis on which money will be demanded, or the extent of the cleaning involved. Such a term is more likely to be fair if the amount of the charge is expressly limited to reasonable compensation for a failure to take care of the property (see also our views below on excessive charges).

Moreover, since the introduction of the Tenant Fees Act 2019 on the 1st of June 2019, it has been illegal for landlords or letting agents in England to charge tenants with professional cleaning services.

As per the Tenant Fees Act 2019: Guidance for landlords and agents (PDF Guide):

No. You cannot require a tenant to pay for a professional clean when they check-out. However, if the tenancy was entered into before 1 June 2019 and a tenant agreed in their contract to pay fees for cleaning to be provided, you could continue to charge these fees up until 31 May 2020. From 1 June 2020, the term requiring that payment is no longer binding on the tenant.

So the short answer is: no, you can’t enforce cleaning fees anymore (for rentals in England).

If you do charge your tenant with one, you can be penalised with hefty fines starting from £5,000 (which is the max penalty for breaching the Tenant Fees Act).

If your tenancy agreement includes a clause enforcing tenants to pay for cleaning services, I would personally get it removed (because it’s not enforceable), or at the very least, get it verified by a legal professional.

How Much Can Landlords Charge for Cleaning?

Just to be clear, if you’re a landlord in England, you can’t charge tenants a penny for professional cleaning services ever since June 1st 2019 :)

However…

Can a Tenant’s Deposit Be Used for Cleaning Costs?

Absolutely.

While landlords can’t charge for tenancy cleaning services as a standalone contractual fee, they can use the tenancy deposit to cover legitimate costs required to return the property to the condition it was in at the start of the tenancy (minus fair wear and tear), assuming the tenant has not done so.

As mentioned, cleaning disputes are one of the most common reasons for deposit deductions, and the deposit exists specifically to cover situations like this.

If the tenant fails to return the property in the agreed condition, the deposit can be used to fund cleaning works, which may include professional cleaning services where necessary.

However, before making any deductions, it’s best practice to flag issues with the tenant first so they have the opportunity to put things right themselves. Any concerns should be raised during the final inspection (more on this shortly). Needless to say, the deposit should not be returned until the property has been assessed and confirmed to be in the appropriate condition.

In order to make a valid claim against the deposit, landlords must be able to evidence the condition of the property at the start of the tenancy. This is submitted to the tenancy deposit scheme holding the deposit. The scheme will then assess the claim and determine its validity, including the amount (if any) that should be awarded.

Professional Buy-to-Let Cleaning Services

Professional cleaning services are often used by both landlords and tenants:

• End of tenancy: I’ve had tenants pay for professional cleaning services at the end of tenancies out of their own pocket (without even asking), generally because they fear it will cost them more if they leave it up to their landlord to arrange a professional cleaning service and then deduct costs from the deposit (which is often true). But besides from that, tenants really should return a property in a clean state, especially if that’s how they received the property.

  In other cases, tenants have just cleaned the property themselves, doing the best they can. However, you can definitely tell the difference – there’s no substitute for a professional cleaning service.

  If I can tell that the property hasn’t been cleaned to a professional standard, I call in the hired help. In some cases, I have deducted the cost from the deposit, in others I just covered the cost myself. It really depends on the circumstance (some of which I’ve already discussed).

• Regular cleaning services: This usually only applies to HMO properties – where landlords schedule professional cleaners to regularly clean the communal areas, usually once or twice a week. The cost is typically factored into the rent.

  A regular cleaning service is essential for HMOs. Leaving tenants with the responsibility to keep the communal areas clean is usually a recipe for disaster. No tenant wants to clean up after a housemate, and why should they? A cleaning service is not just good for hygiene, but also for keeping peace.

• Carpet cleaning: typically, carpet cleaning isn’t included in standard “end of tenancy” cleaning packages, it’s an extra service, so that’s why I’m mentioning it.

  Here are a few points/thoughts to consider:

  • I’m often left amazed at how incredible carpets look after a professional scrub; clean carpets can completely transform a property from ‘dingy’ to ‘inviting’.

    If needed, it’s definitely worth splashing out on a carpet cleaning service – whether you’re a tenant or landlord – especially at the end of the tenancy. Clean carpets will help landlords to impress prospective tenants during viewings, and help tenants recoup their deposit.

  • Carpets, by nature, are usually one of the biggest victims of wear and tear. So before splashing out on a carpet cleaning service, determine whether it makes more sense to completely replace the carpets or clean them. There’s no point trying to polish a turd.
  • As mentioned, tenants are expected to return the property in the same condition as they received it (minus wear and tear), so if the carpets were clean at the start of the tenancy, they should be returned just as clean.

    In almost 95% of cases, I’ve had to get stains removed at the end of my tenancies.

Professional Cleaning Services for Rental Properties

If you do a quick Google for “end of tenancy cleaning services”, you definitely won’t be short of options. You don’t necessarily have to use a specialist buy-to-let or “end of tenancy” service – any professional cleaning company should be able to do the job. Cleaning is cleaning.

One of the most popular national cleaning providers is a company called Fantastic Services, and below is a quick overview of what they offer so you can get an idea of what to expect (there is currently a £10 discount code available, which I’ve included below in case you’re interested):

End Of Tenancy Cleaning Services

Service	Notes / Includes	Price from
Service	Notes / Includes End of Tenancy Cleaning Up to 168 hours service guarantee Following checklist approved by estate agencies Deep oven cleaning, equipment, and detergents included Short-notice bookings & personalised quotes available Free on-site or remote video surveys for properties with 5 or more bedrooms	Price from Discount applied £91 Normal price: £81	More details £10 Discount Code: pipd9el
Service	Notes / Includes Regular cleaning service (suitable for HMOs) Insured & dedicated expert Regular cleaning by the same person No minimum contract required Daily, weekly, fortnightly, or monthly visits	Price from Discount code available £19 p/hour	More details £10 Discount Code: pipd9el
Service	Notes / Includes Carpet cleaning service Removing common stains such as drinks, food, and dirt Done by certified & fully-insured carpet cleaners Removing odours from urine, vomit, smoke, mildew, etc FREE fabric protection for long lasting results	Price from Discount code available £13p/room	More details £10 Discount Code: pipd9el

Please note, I try my best to keep the information of each service up-to-date, but you should read the T&C's from their website for the most up-to-date and accurate information.

Don’t forget, cleaning services is a fully tax deductible expense :)

Property Inventories and Check-In Reports

Some people call it a property inventory, others call it a check-in report.

Tomayto, tomahto.

Either way, you’re more than likely going to need some form of report documenting the condition of the property before the tenant moved in if you want to make a claim against the deposit for cleaning costs. If you don’t have that evidence, then the best approach is to acknowledge the mistake, learn from it, and try to resolve the issue amicably between both parties. Fair warning: that may mean you have to take some level of financial hit (for example, splitting the cost).

Before making any decisions, it may also be worth contacting the tenancy deposit scheme for guidance on your specific situation. They should be able to advise you on the strength of your case.

If you haven’t secured the deposit into a scheme, then realistically it becomes very difficult to recover any cleaning costs. At that point, your focus is usually better placed on ensuring compliance going forward, rather than pursuing deductions that may not be enforceable.

Final Inspection for Assessing Property Cleanliness

The final inspection is the moment you assess whether the property has been returned in an acceptable condition.

I usually carry out an initial inspection a day or two before the tenant is due to vacate (not only on the day of check-out), and always after around 95% of their possessions have been removed. This allows you to properly assess the condition of the property without furniture and boxes getting in the way (which can sometimes obscure issues), and also gives the tenant a day or two to address any problems that are highlighted. I also take the opportunity to remind them of the property inventory (which they should already have a copy of).

On the actual day of check-out, I then carry out a final once-over. In most cases, I don’t allow tenants to access the property after the agreed end date, although I have made exceptions where a short extension was needed to resolve minor outstanding issues. Ultimately, it’s up to you how you handle that situation, as each case will differ.

Oh, and here’s little plug to my inspection guide for landlords.

When a Tenant’s Standard of Cleanliness Is Not Acceptable

When you’re a landlord for long enough, you quickly realise just how differently people choose to live their lives. It’s surprising how much you can learn about someone simply by walking through their home – and how varied perceptions of “clean” can be. In many cases, they are very different from your own.

For example, and I’ve referenced this situation in a few posts before because it’s one of those cases that really sticks – I once had a couple due to vacate a property within a few days. During a phone call with the husband, I asked how preparations were going. His response was: “Oh, you know Liz [the wife], she’s OCD, so she’s been cleaning for days. The property will be immaculate when you get it back.”

Great news, I thought.

During the final inspection, I genuinely wondered if I was being played as part of some practical joke. The property was covered in dust and cobwebs – everywhere – and the kitchen surfaces were coated in congealed grease. Simply put, it was not clean – and I mean objectively unclean, I’m absolutely certain of it.

The whole situation felt surreal. I kept trying to work out what had actually been cleaned, and how that could possibly align with what had been described to me.

At one point, I even tried to rationalise it: was she just going through the motions, was there a misunderstanding of standards, or were both of them simply operating with completely different definitions of “clean”?

I still don’t know.

But it’s a perfect reminder that cleanliness is highly subjective, and expectations don’t always align.

Minimal Clean-Up Required

If your property has been returned in generally good condition, but not quite to the standard you would have expected, I personally wouldn’t be too concerned. It’s the nature of the beast.

Sure, I may point out a few issues during the final inspection and indicate that they should ideally be addressed. But if they are not fully resolved by the time the tenants vacate, I’m usually comfortable letting it go and absorbing the cost, chalking it up as part of the cost of doing business.

I can’t imagine it’s always worth making a formal issue out of it, although, of course, it depends on the landlord and their approach. Some are more stringent than others and will seek to recover every last penny where possible.

Personally, I don’t think I’ve ever had a property returned in a condition that is 100% ready for new tenants to move straight into. There is almost always something that needs attention, even if it’s minor. In most cases, it’s quicker and easier to just roll up your sleeves and get it sorted. As far as I’m concerned, it comes with the territory.

Consider Overall Tenant History / Quality

I always believe it’s worth judging the overall quality of your tenants, rather than focusing only on the final stage when it comes to judgement day. I take the following into consideration when deciding whether or not to use the deposit to recoup cleaning costs:

• How long they have been tenants (i.e. how much rental income they have generated over time)
• How reliable they have been (e.g. whether rent was consistently paid on time)
• The overall landlord–tenant relationship (i.e. whether it was generally smooth and respectful)
• Whether they generally took care of the property during the tenancy

Yes, tenants may fall short at the end of the tenancy in terms of cleaning, but the overall tenancy may still have been positive and financially worthwhile. In those cases, I’m often inclined to overlook minor cleaning issues. Sometimes whoppers as well.

Just to clarify, I’m not suggesting this is ideal practice, or that landlords should ignore serious issues like heavily soiled properties or significant damage. Rather, it’s worth balancing the scale of the cleaning issue against the overall quality of the tenancy, and obviously the earnings, too.

Unacceptable Level of Uncleanliness

Communication is key.

As mentioned, if the final level of cleanliness is genuinely unacceptable, the first step should always be to raise the issues with the tenant and give them a reasonable opportunity to resolve them. If that fails, then the deposit can be considered.

Final Notes: Cleaning Issues, Circumstances, and Possible Solutions

Accepting tenants: Some tenants may immediately accept that they fell short on the required standard of cleaning. In fact, from my experience, many tenants are willing to use part of their deposit toward a professional cleaning service, rather than handling the work themselves.

Weak case for a claim: If you are on the verge of a dispute but know your case is weak – for example, due to a lack of inventory evidence or failure to properly secure the deposit – then it is often better to cut your losses, or instead aim for an amicable resolution that avoids escalation and keeps things proportionate.

Reluctant tenants: And of course, there are also tenants who resist the idea entirely and take issue with being asked to return the property in the same condition it was provided in – *rolls eyes*.

In those cases, and assuming you have the grounds to do so, I’d stand firm and use the deposit. Fuck ’em.

Landlord out xo