This is a question to the blog clinic from Joy who is a tenant.
Hi I never had to put a bond down for the house I moved into. Now that I’ve moved out they want to charge me for carpet cleaning and cleaning of the cooker. Can landlord/ estate agents do that when they didn’t ask for a deposit?
Answer
Of course, they can! The fact that they did not take a deposit / bond from you does not mean that you are at liberty to leave the house in a mess or do damage with impunity.
It just means that the landlord does not a have fund of money available to pay for these things.
Whether you are liable for damage at the end of the tenancy – whether or not you paid a deposit – will depend on whether you are liable for the damage.
For example, you will not be liable if:
- It is not something covered by the terms of your tenancy agreement
- It is ‘fair wear and tear’ (which it won’t be if it is just cleaning), or
- The property is in the same or in a better condition than at the start of the tenancy,
As there was no deposit taken, if you refuse to pay voluntarily the landlord will need to take you to court.
However, he will find it hard to prove his claim if he is unable to prove that you are liable – which, for example, he will find hard to do if there was no inventory done when you moved in.
So whether or not you pay the landlord what he asks will depend on these factors.
