Introduction
What the Tenant Fees Act Actually Says About Cleaning
The Tenant Fees Act 2019 fundamentally changed what landlords can charge tenants during the tenancy and at the end. This legislation was specifically designed to prevent landlords from imposing excessive fees on tenants, including charging for services or cleaning requirements. Many tenants remain confused about their rights under this Act, particularly regarding whether landlords can mandate professional cleaning or charge for cleaning services. Understanding these rights protects you from illegal charges and helps you make informed decisions about end of tenancy cleaning.
The Act prohibits landlords from charging various fees that were previously common practice. The implications for end of tenancy cleaning are significant and misunderstood by many landlords and tenants alike. This guide clarifies what the Act permits and prohibits, helping you understand your legal position and what you can legitimately refuse to pay.
What the Tenant Fees Act Prohibits
Illegal Charges Landlords Cannot Impose Under the 2019 Act
The Tenant Fees Act 2019 prohibits landlords from requiring tenants to pay for professional cleaning at the end of the tenancy as a condition of tenancy or as a mandatory charge. Prior to this legislation, many landlords required tenants to hire specific professional cleaners and charged the cost to tenants' deposits. The Act makes this practice illegal. Landlords cannot mandate that you hire a professional cleaner, cannot charge a fixed 'professional cleaning' fee, and cannot require cleaning to standards that exceed what was in place at the start of your tenancy.
The Act specifically defines prohibited 'prohibited payments' as any payment other than the deposit, rent, council tax in certain circumstances, and specific utility costs. Professional cleaning charges fall into the category of prohibited payments when they're mandatory or charged as a flat fee. If your tenancy agreement includes a requirement that you pay for professional cleaning at the end of the tenancy, this clause is unenforceable and you don't have to comply with it.
However, the Act does not prevent landlords from pursuing cleaning-related deductions from your deposit if the property genuinely wasn't cleaned to the condition it was in at the start of your tenancy. The distinction is important: landlords cannot charge you a cleaning fee upfront or require you to hire specific cleaners, but they can hold back portion of your deposit if the property requires professional cleaning to restore its original condition.
What Landlords Can Still Do
Legal Cleaning Requirements and Deductions Landlords Retain
Despite the Tenant Fees Act 2019, landlords retain the right to expect properties returned in a 'clean and in good condition' as required by most assured shorthold tenancies. This is a legal obligation independent of the Act. What tenants must do is return the property in the condition it was in at the start of the tenancy, accounting for normal wear and tear. If you return the property in an unreasonably dirty condition, your landlord can pursue deductions from your deposit for the actual cost of professional cleaning needed to restore the property.
The key difference the Act introduced is that landlords can no longer charge a predetermined or flat cleaning fee. If they deduct for cleaning, the amount must reflect the actual costs of professional cleaning required for the specific issues identified. They must provide evidence (invoices or quotes) showing that the amount claimed is reasonable and proportionate to the actual work needed. They cannot charge £500 for cleaning a one-bedroom flat when market rates are £350-£400 for equivalent work.
Landlords can also require that the property is left in a reasonably clean condition as part of their right to receive a property in good condition. What they cannot do is charge you upfront for this or specify that you must use their preferred cleaning company. If the property is unreasonably dirty at the end of your tenancy, your landlord has grounds to make deposit deductions for professional cleaning to restore the property to lettable condition.
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Get a QuoteYour Rights as a Tenant
How the Tenant Fees Act 2019 Protects Your Financial Position
Your primary right under the Act is that no mandatory cleaning fees can be imposed on you. If a tenancy agreement includes a clause requiring you to pay for professional cleaning or specifying a cleaning charge, this clause is void and unenforceable. You can refuse to pay such charges, and if your landlord withholds deposits attempting to enforce this illegal requirement, you have grounds to dispute the deduction and potentially claim compensation.
You have the right to choose whether to clean the property yourself or hire professional cleaners. Your landlord cannot dictate which cleaning option you use or charge you for mandated professional cleaning. If the property is left unreasonably dirty and your landlord reasonably pursues cleaning deductions, the amount must be proportionate to actual market costs. You can challenge deductions as excessive if they exceed reasonable market rates for the work required.
You retain all rights under deposit protection legislation. If your landlord makes deductions they claim are for cleaning but failed to follow deposit protection procedures (protecting the deposit with an authorized scheme, providing prescribed information within 30 days), you can claim compensation of up to three times the deposit amount. The Tenant Fees Act 2019 works alongside deposit protection law to provide comprehensive financial protection for tenants.
Common Misconceptions
What Many Tenants Incorrectly Believe About Cleaning Requirements
Many tenants mistakenly believe the Tenant Fees Act means landlords have no right to deduct cleaning costs from deposits. This is incorrect. The Act prevents mandatory upfront cleaning charges but doesn't eliminate landlords' right to deduct for necessary professional cleaning. If a property is genuinely dirty and professional cleaning is required to restore it to lettable condition, reasonable deductions can be justified. The Act simply requires these deductions be proportionate and based on actual costs rather than flat fees.
Another misconception is that landlords can require 'professional cleaning' as a condition of tenancy. This is unenforceable under the Act. Landlords can require properties be returned in clean condition, but they cannot mandate who cleans it or require professional cleaning as a contract condition. Some landlords still include such clauses in agreements, but these clauses are void. If your agreement specifies mandatory professional cleaning, the requirement is unenforceable and you can disregard it.
Some tenants believe they can leave properties in poor condition and face no consequences. This is also incorrect. While landlords cannot charge upfront cleaning fees, they can pursue substantial deposit deductions for professional cleaning if properties require it. The practical result is that leaving a property clean is still in your financial interest because it avoids triggering deductions. The Act changes how these costs are imposed (not as mandated fees but as justified deposit deductions) rather than eliminating the incentive to clean properly.
Making Smart Decisions About End of Tenancy Cleaning
Protecting Yourself Under the Tenant Fees Act Framework
Understand that while the Tenant Fees Act 2019 protects you from mandatory cleaning fees, you remain responsible for returning the property in clean condition. This creates a practical reality: ensuring your property is properly cleaned is still in your financial interest, regardless of what your tenancy agreement states. If a landlord faces the choice between accepting a property that requires £400 professional cleaning versus accepting a deposit deduction for that cleaning, they'll pursue the deduction.
The Act is most valuable for protecting you if your landlord attempts to impose fees explicitly prohibited by legislation. If your agreement requires professional cleaning or specifies a cleaning charge, this is unenforceable and you're not legally obligated to comply. If your landlord deducts what they claim are 'mandatory professional cleaning fees' from your deposit, you can dispute this deduction and claim the scheme was illegal under the Act.
For your practical approach, ensure your property is clean enough that landlords have no legitimate grounds for substantial deductions. You don't need professional cleaning unless the property genuinely requires it, but leaving obvious dirt, grease, or stains gives landlords grounds for deposit deductions. Professional end of tenancy cleaning remains the safest approach because it eliminates dispute risk and provides documentation. Professional services from LOYALS Solutions ensure compliance with legal standards while protecting your deposit. Contact us on 07401 893 698 to discuss your specific situation and what makes sense for your property.