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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, I really need to reitterate your legal advice from my

Resolved Question:

Alex, I really need for you to reitterate your legal advice from my last question, my sons landlady is really doing my head in. Vacant possession is required on the 3rd August we have asked for a final inspection to assess the property for damaged or broken items. We offered to pay £300 for an industial cleaner to come in on the 4th August after we'd gone as the tenancy agreement does state the property should be left in the condition it was found, and the curtains should be cleaned by the tenants , she's asking for another inspection on the 5th August to assess the domestic appliances, ie oven, fridge/freezer, & dishwasher after the industrial cleaners in case they have been miss-used and might break down in the future. I'm inclined to withdraw our offer of paying for the cleaner and fight this at a hearing with the company thats holding the deposit, please advise
Submitted: 10 months ago.
Category: Property Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
I'm waiting at my desk, after leaving off time, if the answer or call will be sometime I'll leave till tomorrow, how much longer will you be?
Expert:  Ash replied 10 months ago.

Hello and thanks for asking for me.

How can I help?

Customer: replied 10 months ago.
Alex, I've just paid £38 to get an answer, I cannot really afford another £38 for a phone call, sorry, it'll have't to be a written response.
Customer: replied 10 months ago.
Alex, i need to leave off as I'll be asked to leave soon will you be answering soon or did you wish to leave it till tomorrow?
Customer: replied 10 months ago.
Alex, I've got to go now I've waited over 30mins I can't wait any longer, any answer will have't to be tomorrow
Expert:  Ash replied 10 months ago.

ok. I will respond later and we can talk tomorrow

Expert:  Ash replied 10 months ago.

Why does she want another inspection? I really dont understand the need

Customer: replied 10 months ago.
Alex,
So you can try understand this nutcase I will try to explain as best I can the situation. The accommodation is an assured short term 12 month tenancy, and is shared by my son and his friend. The tenancy has been very difficult for a whole number of reasons which I won't go into right now. However to cut to the case the agreement states that the property is to be returned to its original state of cleanliness as was before occupation and the cutains are to be cleaned by the tenant. The other lads mother and myself decided back in February after a face to face meeting with the landlady ( Eda ) that at hand over we would use an industrial cleaner recommended by the landlady, the name of this cleaning firm was given to Sharon ( the other tenants mother as the landlady, Eda will not communicate with me ). I arranged for the cleaner to come in on the 2nd August to do a full indusrial clean of the premises for £280, which would take a day, and the cleaning company were all to aware of Eda's OCD approach to cleaning and were happy to take on the job. We informed Eda of our intentions and asked her if she could be available on the 3rd August ( the day of vacant possession) at a convenient mutual time to do a final inspection. She informed us that she will not do the inspection if Sharon or myself were present, the inspection is to be between her and her tenants, and she would not accept the cleaning as Williams effects would still be in the property at the time of cleaning, this would include a bed, a desk and chair, a computer, and his clothes, which I had intended to move out first thing on the 3rd prior to the inspection, but put in the middle of the room to allow cleaning . Anyway she then said she wished to organise the cleaning on the 4th August herself, give us the bill and have a final inspection on the 5th August, which would case us all sorts of problems, mainly extra travelling expences and more time off work. Sharon & I agreed a response to this which was that we would vacant on the 3rd as we should, Eda will still need to arrange an inspection to ascertain broken, damaged, or missing items and these agreed, and that both Sharon & myself would not be present. We would pay £280 towards a cleaning bill and no more. As an inspection had already taken place, we saw no need to be there on the 5th August as Eda would supervise the cleaning and accept the outcome on completion. Eda has now comeback and said that once the place has been cleaned, the walls may show up damage that may need decorating, when the appliances ( oven, fridge/freezer, & dishwasher ) are cleaned and tested may not be working as there were through miss-use and may break down in a few weeks time. Her agenda is to crab as much as she can of our deposit, which I'm almost certain is in a DPS scheme. Now what I need from you is some good sound legal advise to deal with this, and does not put us on the back foot when those from the scheme ajudicate as to how much money if any she should be awarded. What I propose to do is seek an alternative cleaner to clean on the 2nd August, move my son out on or before then ( the other lad has already gone ) offer her the chance to attend an inspection on the 3rd August, be present myself and record the whole event on film. Just for the record, although I've no axe to grind with you, the place is clean, my son has cleaned the place for thev days Eda has wanted to show estate agents round, only to be told its a 'pigsty' .
Expert:  Ash replied 10 months ago.

Ok. Then if it's cleaned there should be no issue. It will be cleaned, an inspection and that should be it.

You should stick your ground, do not pay any extra charges and just get evidence to make sure the work is done properly.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 10 months ago.
Alex, to be legally correct here, we can organise the cleaning, invite her to an inspection on the 3rd August and be present myself, if she refuses to do the inspection she accepts the place in the condition its left, she will not be able to take money from the deposit if we do not agree, the DPS will then ajudicate. If we pay for cleaning would that be considered as a sign of quilt by the DPS on use and they use the to load us up with more expence. Can William, my son still have his effects in the place at the time of the clean, these may seem daft questions, but by doing daft things in ignorance happens all often and puts you on the back, sort of a double edged sword.
Expert:  Ash replied 10 months ago.

Correct. Yes the effects can still be in the property but probably better out to make sure it's clean.

Does that clairfy? Alex

Customer: replied 10 months ago.
What about if she refuses to inspect with Sharon and myself present ? what about if she is not happy with the clean, and wishes to pay again, I assume this will be at her expence.
Expert:  Ash replied 10 months ago.

Then take photos and get evidence of the clean. Then she can take it up with TDs and you can provide your evidence.

Does that clairfy? Alex

Customer: replied 10 months ago.
Alex as William is still paying the rent up until that day and can have who he wants in the property, has she got grounds to refuse to inspect with Sharon & me present?
Customer: replied 10 months ago.
Are you able to clarify my last question please?
Expert:  Ash replied 10 months ago.

No she does not have any grounds, as we have discussed before.

Does that clarify?

Customer: replied 10 months ago.
Yep OK all done thank you
Expert:  Ash replied 10 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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