Carpet cleaning is a common cause of tenancy deposit disputes between an agent and a tenant with issues concerning both general cleaning and carpet cleaning accounting for around 22% of all deposit dispute cases. In such cases an agent and tenant may often disagree on the amount of deposit to be returned due the subjective nature of cleanliness; what one person considers clean may not necessarily be considered clean by the next person.

During the ADR process an adjudicator will make a decision on how the disputed deposit amount is to be distributed between the parties based on the evidence submitted. Comparative evidence is required to establish the condition of the carpet at the beginning and end of the tenancy and should be both conclusive and robust.

Suzy Hershman, Head of Dispute Resolution gives her expert insight into how

mydeposits approach claims for carpet cleaning.

The adjudicator will ask these questions when reviewing the dispute evidence:

Q. Whose opinion of cleanliness is being used to ascertain that carpet cleaning is necessary?

Q. Has the tenant signed any documentation agreeing to the details of condition/cleanliness of the

property at the start/end of the tenancy? This would be by way of inventory and check-out report -

Is it independent and impartial?

Q. Has the tenant made an effort to clean the carpets? This would be evident from the check-out report by or a carpet cleaning invoice provided the tenant.

Q. What evidence is there to show the extent of any deterioration of the carpet from the start of the tenancy to the end of the tenancy?

Q. Did the tenant sign any other documentation i.e. terms and conditions prior to the start of the term agreeing to clean/professionally clean the carpets at the end?

Q. Is there evidence to state that the carpets were ‘professionally’ clean or newly laid at the start of the tenancy E.g. invoices, receipts?

Q. Is the amount you are claiming reasonable for what is said to be required? – Remember, the landlord should not end up in a better position than at the start of the tenancy.

Q. Consider whether it is reasonable to charge the tenant for cleaning all the carpets? This will only be upheld if the evidence is robust and the invoice is reasonable.

How to claim for carpet cleaning

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DISPUTE INSIGHT

An adjudicator will rely on the evidence submitted so consider the following list as useful for any claim:

Tenancy Agreement:The Tenancy Agreement will define that the property should be in the same condition at the end of the tenancy, as it was at the start.

The Tenancy Agreement may stipulate that the tenant is ‘obliged to have the carpets professionally cleaned at the end of the tenancy’ and even ‘provide a receipt to show this has been carried out’

NOTE: This will not always be found to be a fair clause: (The Office of Fair Trading Guidance on Unfair Terms (Chapter 1.3) in a Tenancy Agreement states that a clause which is inserted into a contract will not automatically be deemed to be a fair clause just by virtue of its presence. It must be construed with regard to the facts of each case and its reasonableness).

It will carry more weight if the clause states that the property should be returned to a ‘professional standard’ as some tenants may clean more thoroughly than some professional cleaners but REMEMBER: If you expect a tenant to have carpets professionally cleaned at the end of the tenancy, you would need to be able to show that they were professionally cleaned at the start.

Check-in and check-out reports:DO NOT RELY ON BLANKET CLAUSES e.g. ‘where there is no detail provided, it will be deemed to be in a good condition…’

Make sure you have both an inventory and Schedule of Condition at the start of the tenancy which also details the level of cleanliness. An inventory which simply lists the items is not sufficient. A Schedule of Condition should always detail the quality and condition of the items at the start of the tenancy, be dated, and state the level of cleanliness so that it can be compared to the state of cleanliness determined in the check-out report.

Where possible, have photographic images embedded in the report. This will enable you to verify the date the photographs were taken and may assist in demonstrating the extent of any deterioration.

Where possible, use an independent and impartial inventory company and it is advisable to use the same inventory company for both check-in and check-out reports for greater consistency.

It is also considered best practice for the tenant to be present at the check-in and check-out inspections.

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continued...

The adjudicator will consider asking these questions when reviewing your dispute evidence continued:

Q. Have you taken into account fair wear and tear?

• There are certain phrases used in inventories that may fall within the boundaries of fair wear and tear, including furniture indents, foot fall, tread wear and wear to walkways. You should make an allowance for some degree of wear during any tenancy.

• You should also be aware that the level of dirt and wear on a carpet will be considered in conjunction with the type of tenant in the property e.g. the dirt and wear imposed by a professional couple may be less than that of young family with two small children.

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Photographs should be: Digitally dated and in colour.

Ideally embedded into the check-in Inventory/report and check-out report.

Referenced to the relevant area in the property. Eg. Dining room.

Clear, precise, and of good resolution.

NOTE: Particularly in the case of cleaning and carpets cleaning photographs are of great value in demonstrating the extent of any uncleanliness; more so than a written description.

Estimates and cleaning invoices: Do you have these documents for both the start and the end of the tenancy? If so, you should provide them

both as evidence.

Consider what is reasonable to charge a tenant? This should be proportionate to the area of cleaning required and not for the entire property unless appropriate.

Estimates will be persuasive, however invoices will be of greater value as they show costs actually incurred. However note that this does not automatically transfer the full cost to the tenant in the event of a breach.

NOTE: You will not succeed in claiming for replacement costs where cleaning costs would be sufficient.

Emails and letters:Has there been any correspondence between the landlord/agent and tenant in which the tenant makes an admission or an offer of compensation and are there any responses?