Resolution case study - Student damage and cleaning

What happened?

The tenant said:

• the walls were black because the room and the window were very small and it was difficult to keep it well-ventilated so the problem is not their fault
• they moved out before the others in the property and it was all cleaned before they left so why are they being asked to pay cleaning costs

The landlord responded, saying:

• mid-term inspections were regularly carried out and used candles/holders were found lying around which were black and due to their excessive burning, it has blackened the walls
• there was no issue with damp or mould
• the tenant was given advice about the candles and washing down the walls, each time an inspection was done
• when you brushed your hand down the wall, the black came off in your hands, like dust
• even the wall areas behind the pictures were grey
• the final inspection was only done when every tenant had moved out of the property and the kitchen and bathrooms were left very unclean
• the work needed to repair the property includes fully redecorating the room and communal cleaning

What evidence was provided?

Tenancy agreement, check-in report, check-out report, emails, contractors’ reports, invoices and estimates

What was decided and why?

The tenancy agreement was a joint tenancy, for a four-bedroom property and four tenants, who were equally responsible for returning the property in the same condition as it was at move in.

Cleaning

• The comparison of the check-in and check-out reports shows the property was clean to a good domestic standard at the start and left in poor condition with: food left in the fridge and kitchen cupboards, and the kitchen in need of a general clean products left by the bath and sink and the bathroom also generally unclean the remaining areas in the property in need of cleaning
• The £348 invoice provided gave no breakdown of what work was carried out and it was a four-bedroom property
• While this cost is relatively high the adjudicator also had to consider that the tenant was only responsible for returning the property to the domestic standard and not to a professional standard
• This resulted in the full cleaning cost being reduced by 10/15% and the landlord was awarded £295.80

Redecoration

• The check-in report shows the tenant’s room was painted in neutral colours with a few marks and some picture hooks on the walls
• The mid-term inspection report highlighted both the used candle holders and discolouration on the walls
• Emails following these inspections asked the tenant to clean the walls and stop burning candles to the extent that they were causing the problem. The emails also advised that the consequence of not taking the advice would be costs for damage at the end of the tenancy
• The estimate was for £380 with the material and labour costs broken down separately and the landlord’s claim was for 80% (£228) due to the room’s condition at the start
• Considering the extent of discoloration and damage caused, this amount was awarded in full

Key takeaway points

• While this part of the claim related to the tenant’s room, as the tenancy was joint and several, the tenant dealing with the adjudication is responsible for sorting out how the deposit is distributed after a decision has been made
• Maintaining a good relationship and communication is always the most effective way of managing issues as they occur
• Mid-term inspections will highlight any problems and advice should be given and followed up as necessary
• Invoices and estimates will, ideally, always break down the work being done, and any material costs separate from the labour cost, which will help make sure the fair wear and tear element is considered correctly

For more relevant reading, see our guide, ‘Fair wear and tear – what is it and how is it applied?’ and this guide to inspections by our insurance partner, Total Landlord, also powered by Total Property. For all you need to know about renting students, read Total Landlord’s ‘Ultimate landlord guide to student properties’. And to minimise cleaning issues at the end of the tenancy, read Total Landlord’s article, ‘End of tenancy cleaning checklist for landlords and tenants’.