The Tenant Fees Act 2019 reshaped the private rental landscape across England. It placed clear limits on what landlords and letting agents can charge tenants and introduced strict rules on deposits, permitted fees and default payments. One of the most common areas of confusion concerns cleaning costs. Many tenants assume that professional cleaning is always required when they move out. Many landlords believe they are entitled to charge for it. The reality is more nuanced.
At Blackstone Solicitors, we help landlords and tenants across England and Wales understand their rights and responsibilities under the Act. Cleaning disputes are among the most frequent issues raised at the end of a tenancy. This article explains how the law deals with cleaning, what charges are permitted and how both parties can avoid unnecessary disagreements.
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What Is the Tenant Fees Act 2019
The Tenant Fees Act 2019 was introduced to stop unfair and excessive fees being charged to tenants. Before the Act came into force, many tenants were expected to pay for a long list of extras, from check in fees to inventory charges and professional cleaning costs. The Act prohibits most of these charges unless they fall into a specific permitted category.
The law applies to assured shorthold tenancies, student lettings and licences to occupy. It restricts what landlords and agents can demand before, during and after a tenancy. Cleaning is one of the key areas affected because it used to be a common extra charge.
What Does the Tenant Fees Act Say About Cleaning
Under the Act, landlords and letting agents cannot require tenants to pay for professional cleaning as a condition of the tenancy. They cannot add a mandatory cleaning fee to the tenancy agreement. They also cannot insist that tenants use a specific cleaner.
However, this does not mean tenants can leave a property dirty. The law does not remove a tenant’s responsibility to return the property in the same condition it was in at the start of the tenancy, allowing for fair wear and tear. The difference is that landlords can no longer charge a fixed cleaning fee. Instead, they can only claim from the deposit if the tenant has failed to clean the property to a reasonable standard.
In other words, cleaning costs are not banned. Unfair or compulsory charges are banned. Reasonable cleaning deductions based on evidence remain allowed.
Professional Cleaning Clauses in Tenancy Agreements
Before the Act, it was common to see tenancy agreements that required the tenant to pay for a professional clean when they moved out. These clauses are now unenforceable. A landlord may still include wording about cleanliness, but they cannot obligate the tenant to use a professional service.
The agreement can require the tenant to leave the property clean. It cannot require them to hire a cleaner. If the property is left dirty, the landlord is allowed to claim the reasonable cost of returning it to its previous condition by using the deposit scheme. That claim must be supported by evidence.
When Can a Landlord Claim Cleaning Costs
A landlord can make a cleaning deduction from the deposit if:
- The property is not cleaned to the standard it was at the start of the tenancy
- The tenant has caused additional cleaning work beyond normal wear and tear
- The lack of cleaning affects the condition or hygiene of the property
Examples of reasonable claims include:
- Ovens left greasy or with burnt on residue
- Carpets heavily soiled beyond day to day use
- Bathrooms left mouldy or unhygienic
- Rubbish or personal belongings left behind
- Stains that require specialist cleaning
However, the landlord must show that cleaning is necessary. They cannot deduct money simply because the property is not professionally cleaned. The question is not whether a professional deep clean has been done. The question is whether the tenant has failed to meet their basic obligation of keeping the property reasonably clean.
What Counts as Fair Wear and Tear
Fair wear and tear is natural deterioration that happens through everyday use. It reflects the age and condition of the property. It is not damage, and it is not dirt.
Examples of wear and tear include:
- Slight scuffing of walls
- Light marks on carpets
- Fading due to sunlight
- Minor deterioration from long term use
Wear and tear cannot be deducted from a tenant’s deposit. Cleaning costs can only be claimed for dirt, damage or neglect. Landlords sometimes confuse one for the other, which can lead to disputes.
Importance of Inventories and Check In Reports
The best way to avoid disagreements about cleaning is to have a detailed inventory at the start of the tenancy. The inventory should include photographs and a written description of the condition of each room. It should also record the level of cleanliness.
For example, it might state that the oven was spotless, the carpets were recently cleaned or the bathroom was in good hygienic condition. If there is no inventory, it becomes very difficult for a landlord to justify a cleaning deduction.
A proper check out report at the end of the tenancy is equally important. It should compare the final condition with the initial condition and highlight any differences.
How Tenants Can Protect Themselves
Tenants can take several simple steps to minimise the risk of unfair cleaning charges.
Keep Records
Photograph the property when you move in. Photograph it again when you move out. Keep copies of the check in and check out reports.
Clean Thoroughly Before Leaving
You do not need to hire a professional cleaner, but you do need to leave the property clean. Pay attention to areas that are often missed such as extractor fans, shower screens, inside cupboards and behind appliances.
Remove All Personal Items
Leftover belongings or rubbish can lead to additional charges.
Report Maintenance Issues Promptly
Damp, mould or other problems can worsen over time. If the tenant reports them early, they are less likely to be blamed later.
How Landlords Can Protect Themselves
Landlords also need to handle cleaning issues carefully to comply with the law.
Use Clear but Lawful Tenancy Agreements
Agreements should set out the tenant’s responsibility for cleanliness without demanding professional cleaning.
Keep Evidence
Photographs, emails, receipts and inventory reports help justify any deduction.
Only Charge What Is Reasonable
Deposit schemes expect deductions to reflect actual costs. Excessive claims are usually rejected.
Communicate Early
If cleaning is inadequate, raising concerns at check out often leads to quicker resolution.
Common Cleaning Disputes
Cleaning disputes often arise from misunderstandings. Here are a few typical situations.
The Tenant Believes the Property Was Not Clean on Move In
If the inventory confirms the property was clean, the landlord is likely to succeed. If the inventory is unclear or missing, the landlord may struggle to justify a deduction.
The Landlord Thinks Professional Cleaning Is Required
Professional cleaning cannot be required unless the tenant has left dirt or damage. If the tenant has cleaned thoroughly, the landlord cannot insist on a higher standard.
Disputes Over Carpets
Carpets often cause disagreement. Light marks are wear and tear. Deep stains or heavy soiling are not. A landlord must show that the condition has worsened because of the tenant’s actions.
How Disputes Are Resolved
If the landlord and tenant cannot agree, the dispute is usually handled by the deposit protection scheme. These schemes offer free adjudication. They assess evidence from both parties and make a decision.
Adjudicators look for:
- Photographs
- Inventory reports
- Cleaning invoices
- Correspondence
- Tenancy agreements
The outcome depends heavily on evidence. This is why records matter.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we assist both landlords and tenants in navigating the Tenant Fees Act and resolving cleaning disputes. We provide clear advice, negotiate on your behalf and help gather the evidence needed to support your position. Whether you are dealing with an unfair claim or seeking to recover costs for cleaning that is genuinely required, our team offers practical and confident guidance.
We work across England and Wales and understand the challenges that often arise at the end of a tenancy. Our aim is to resolve disputes efficiently and protect your interests.
Final Thoughts
The Tenant Fees Act 2019 transformed the rules around cleaning costs. It removed unfair charges but did not remove a tenant’s basic responsibility to keep a property clean. Landlords can still recover reasonable cleaning costs if there is evidence. Tenants can avoid problems by meeting their obligations and keeping good records.
Understanding the law helps both sides avoid unnecessary conflict. When disagreements do arise, professional advice can help resolve them quickly and fairly. Blackstone Solicitors is here to support you at every stage.
How to Contact our Residential Property Solicitors
It is important for you to be well informed about the issues and obstacles you maybe facing. However, expert legal support is crucial in terms of reducing risk, saving you money and ensuring you achieve a positive outcome.
To speak to our Residential Property solicitors today, simply call us on 0345 901 0445 , or allow a member of the team to get back to you by filling in our online enquiry form . We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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