This month’s dispute was presented as a seemingly straightforward claim which covered the power washing of a patio.
The dispute
This is quite a common claim area as often this form of external cleaning is neglected or forgotten about by the tenant. However, the tenant had responded to this claim by unusually stating that the landlord was claiming for the removal of clean areas from the patio area.
The evidence
The patio area wasn’t particularly clean at the start of the tenancy, with a thin layer of algae and dirt present, not a great start for the landlord’s claim. At the end of the tenancy, it appeared that the tenant had decided one day to send their kids out to play with a power-hose. Whether this was done to get a few moments’ peace, or with the intention of having the patio cleaned for free, it had resulted in their kids’ names as well as a few flowers and butterflies being beautifully drawn with the use of the power hose on what was essentially a canvas of dirt.
The landlord acknowledged that the patio wasn’t particularly clean at the start of the tenancy but highlighted that the only way to remove the artwork was to power wash the full area. The tenants were not denying that they had caused what was essentially graffiti resulting in clean areas but rather they stated that they were being charged for the removal of areas that were technically already clean.
The outcome
In the end, the adjudicator determined that no award could be granted, as the patio was dirty at the start of the tenancy. Awarding the landlord for cleaning the entire area would have resulted in betterment, which is not permissible under tenancy adjudication principles.
So, what are the key points here?
+ External cleaning such as this can often be overlooked or even overshadowed by the efforts of ensuring the interior of the property is professionally cleaned for check-in.
+ The fact that the patio was dirty at the start of the tenancy immediately prevented the landlord from being able to successfully claim.
+ A potentially different outcome would have been if the patio was clean for the start of the tenancy and the children had written their names and drawn the flowers and butterflieswith different colour chalks that remained at the end of the tenancy.
+ By following these tips and using a trusted deposit protection scheme like the Tenancy Deposit Scheme, landlords and letting agents can ensure disputes are resolved efficiently and fairly.
If you are interested in further guidance relating to deposit disputes, visit the Help Centre at TDS to browse further guides
Sandy Bastin is director of resolution at TDS Adjudication Services – the only not-for-profit tenancy deposit protection scheme.
