Resolution case study - new build importance of a check in report

What happened?

The tenant said:

• the apartment was full of dust and grubby marks to the flooring when we moved in. I made the agent aware of this by email, as you will see in my evidence, so I should not be responsible for this cleaning
• I did not have time to clean the oven, so I am happy to pay a reasonable amount for it to be cleaned. I feel the £50.00 charged by the landlord is too high
• there were small chips to door frames and skirting boards, and some small marks to walls at the start of the tenancy. We didn’t report this as they were fairly minor and didn’t affect our use of the property. No check-in report was provided for us to record any issues we found

The agent responded, saying:

• while the tenant did report some cleaning issues, the property was a new build and was in immaculate condition when the tenant moved in. The landlord went in before the start date and gave the property a wipe over so there should not have been any cleaning issues
• an invoice has been provided for the oven clean to show the landlord incurred the cost claimed from the tenant. The price is in line with market rates
• the tenant didn’t report issues with the decoration. The property was brand new and should not have had any issues of this kind, so the tenant should be responsible for the decoration

What evidence was provided?

Tenancy agreement, check out report, invoice, emails

What was decided and why?

1. The landlord claimed costs for a full property clean, including the oven and a contribution towards decorating areas which were scuffed/chipped and damaged.

2. The adjudicator was not provided with a check-in report to be able to see the property’s condition or standard of cleanliness at the start of the tenancy.

Cleaning

3. While both parties accept the property was a new build, no assumption could be made that the property was cleaned to an excellent standard and that it was free of any defects or snagging at the start.
4. The tenant provided an email from the day of moving in, reporting how dusty the property was and the several footprints found on the wooden floor.
5. The check-out report highlighted that many areas of the property, mainly the kitchen appliances and sink, were in need of thorough cleaning, with grease, burnt on carbon deposits and heavy limescale in other areas.
   7. 7. The check out report showed some moderate scuffs and chips on woodwork and walls and also recorded six rawl plugs in the living room wall.
      8. The adjudicator made no award for the scuffs/chips as the condition of these areas at the start of the tenancy were unknown.
      9. An award of £70.00 was made to remove the rawl plugs which, on balance, would not have been there at the start.The adjudicator found on balance that:
         1. no award could be made for dusting and cleaning the floors considering that this was reported by the tenant at the start and the absence of a check-in report
         2. on balance, the kitchen appliances would have been new and in a good clean condition, and areas like the bathroom would be free from issues such as limescale, which would only build up over time from use
         3. as the kitchen was left cleaned to a worse standard, and some limescale was present in the kitchen and bathroom, £120.00 was awarded towards cleaning, plus £50.00 for the oven clean which is a reasonable charge for the work completed

Repairs/redecoration

1. The check out report showed some moderate scuffs and chips on woodwork and walls and also recorded six rawl plugs in the living room wall.
2. The adjudicator made no award for the scuffs/chips as the condition of these areas at the start of the tenancy were unknown.
3. An award of £70.00 was made to remove the rawl plugs which, on balance, would not have been there at the start.

Decision: Tenant £280.00              Landlord: £240.00

How can you avoid this happening in future?

• A check-in report is vital as it records the property’s condition and standard of cleanliness at the start of the tenancy. Without this there is little or no comparison that can be made when the tenancy ends other than through mid-term property inspections, which may be four or six months after the move in date
• A new build property is not always going to be clean or in pristine condition and there may well be some dirt, dust and scuffs or damage which have not been rectified before the tenant moves in
• Invoices may help if they are for work carried out just before the tenancy starts i.e. cleaning, redecoration
• At the end, any invoices should offer a clear breakdown of costs for individual jobs such as oven cleaning and repairing a wall, as this will help to make sure any award that can be made will be fair

Our guide to check-in and check-out inspections provides more useful guidance.