Can my landlord make me pay for a cleaner in an HMO?

Landlords can suggest a communal cleaning rota or, in rare cases, agree a cleaner’s fee, but cannot force a payment unless this was clearly included and agreed in your original signed tenancy agreement, and the term is not unfair.

What if one of my housemates refuses to clean?

In shared accommodation, disputes between tenants about cleaning are usually for you to resolve among yourselves. However, if it creates serious hygiene or safety concerns, report this in writing to your landlord—especially in licensed HMOs, as landlords have ultimate responsibility for basic safety and cleanliness.

Can I be evicted for not cleaning shared areas?

Eviction for breach of contract requires due process. A breach (such as persistent refusal to clean shared areas outlined in your agreement) could be grounds for eviction, but your landlord must follow the legal process for eviction under the Private Housing (Tenancies) (Scotland) Act 2016 and prove significant or repeated breaches.

How do I challenge cleaning-related deductions from my deposit?

Start by raising the issue with your landlord in writing. If unresolved, use your tenancy deposit scheme’s dispute process. If you remain dissatisfied, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Who ensures landlords fulfil their own cleaning and maintenance duties?

Local councils regulate HMOs and may inspect properties to ensure landlords are complying with licence conditions, including cleaning and maintenance requirements. You can contact your local council’s HMO team to report concerns.

Cleaning Duties in Scottish Rental Agreements: Your Legal Rights

Shared Housing, HMOs & Lodgers Scotland published: June 29, 2025

Living in shared housing or an HMO (House in Multiple Occupation) in Scotland often means shared responsibilities—including cleaning communal spaces. But how much can your landlord require when it comes to cleaning clauses in your tenancy agreement? If you’re unsure about your rights regarding cleaning duties in Scotland, this guide helps clarify what’s legal, what’s not, and how disputes can be resolved under Scottish law.

Are Cleaning Clauses in Rental Agreements Legal in Scotland?

It’s common for landlords, especially in shared homes, to include cleaning responsibilities in rental agreements. In Scotland, such terms are generally permitted provided they are reasonable and outlined clearly in your tenancy agreement. However, any clause must comply with the Private Housing (Tenancies) (Scotland) Act 2016¹.

Private Residential Tenancy (PRT): Most renters now have a PRT, which must state all obligations clearly, including those about cleaning.
Reasonableness: Clauses requiring renters to perform regular cleaning of communal areas (like kitchens or bathrooms) can be lawful, but extreme or unclear demands could be considered unfair.
Shared Responsibilities: In HMOs, all tenants typically share duties, unless agreed otherwise. Landlords are always responsible for maintaining the overall condition of the property and major repairs, regardless of any cleaning clause.

What Makes a Cleaning Clause Unfair or Unenforceable?

Under Scottish law, any contract term (including in a rental agreement) must be fair and transparent. If a cleaning duty is vague, unreasonable (for example, expecting daily professional-level cleaning), or penalizes tenants unfairly, it may be unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999².

All requirements must be specific—for example, "tenants must clean shared areas weekly" is clearer than "keep property spotless at all times."
Landlords cannot deduct money from your deposit for ordinary wear and tear, or if no clear breach of a cleaning clause can be shown.
If you didn’t agree to cleaning duties in your signed tenancy agreement or they were added later without your consent, the clause may not be valid.

If a dispute arises, you may challenge an unfair term through negotiation, using official complaints procedures, or applying to the housing tribunal (see below).

Who Enforces Cleaning Standards in HMOs?

Landlords of licensed HMOs have specific responsibilities for the property’s condition under the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (Scotland) Regulations 2016³. They must:

Keep communal areas safe and fit for occupation
Ensure repair and maintenance duties are fulfilled (including regular cleaning of fire escapes, etc.)
Inform tenants of their cleaning obligations, if any, in writing

Even if tenants share some cleaning tasks, landlords cannot avoid their basic legal obligations by putting all the responsibility on renters.

What If There’s a Dispute About Cleaning?

If you and your landlord disagree over cleaning standards or someone tries to enforce unfair cleaning penalties, there are steps you can take:

First, try to resolve issues directly in writing. Keep a record of all communications.
If you think a clause in your agreement is unfair, you may contact Shelter Scotland for guidance.
For official disputes (for example, if deductions from your deposit are being made), applications can be made to the First-tier Tribunal for Scotland (Housing and Property Chamber).

If you believe a cleaning clause is unfair or your landlord is withholding your deposit unreasonably, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for resolution.

Relevant Forms and How to Use Them

Application to the First-tier Tribunal for Scotland (Housing and Property Chamber):
Tenant Application Forms
When to use: If you have a dispute about tenancy terms (including cleaning duties) or want to challenge deductions from your deposit, you can submit the appropriate application form. For example, use the "PRT/HT/RTB Form" to contest alleged breaches of your tenancy agreement. Complete the form online or download and post. Attach evidence such as your tenancy agreement, correspondence, or photos.
Deposit Scheme Dispute:
Deposit Dispute Forms
When to use: If your landlord deducts from your deposit for cleaning and you disagree, initiate a dispute with your tenancy deposit scheme. Follow their official process and supply supporting documentation.

Forms are always free to access and should be submitted with as much detail as possible to help the tribunal or scheme assess your case fairly.

FAQ: Cleaning Duties and Scottish Rental Law

Can my landlord make me pay for a cleaner in an HMO?
Landlords can suggest a communal cleaning rota or, rarely, agree a cleaner’s fee, but cannot force a payment unless this was clearly included and agreed in your original signed tenancy agreement, and the term is not unfair.
What if one of my housemates refuses to clean?
In shared accommodation, disputes between tenants about cleaning are usually for you to resolve among yourselves. However, if it creates serious hygiene or safety concerns, report this in writing to your landlord—especially in licensed HMOs, as landlords have ultimate responsibility for basic safety and cleanliness.
Can I be evicted for not cleaning shared areas?
Eviction for breach of contract requires due process. A breach (such as persistent refusal to clean shared areas outlined in your agreement) could be grounds for eviction, but your landlord must follow the legal process for eviction under the Private Housing (Tenancies) (Scotland) Act 2016 - Schedule 3 and prove significant or repeated breaches.
How do I challenge cleaning-related deductions from my deposit?
Start by raising the issue with your landlord in writing. If unresolved, use your tenancy deposit scheme’s dispute process. If you remain dissatisfied, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
Who ensures landlords fulfil their own cleaning and maintenance duties?
Local councils regulate HMOs and may inspect properties to ensure landlords are complying with licence conditions, including cleaning and maintenance requirements. You can contact your local council’s HMO team to report concerns.

Key Takeaways

Cleaning clauses are legal in Scottish rental agreements if reasonable and clearly written.
Unfair or unclear cleaning duties can be challenged through the First-tier Tribunal for Scotland (Housing and Property Chamber).
Landlords in HMOs are responsible for the overall condition and must comply with licence conditions, regardless of tenant duties.

If you have concerns about cleaning clauses, act early and keep written records of all communications with your landlord or flatmates.

Need Help? Resources for Renters

First-tier Tribunal for Scotland (Housing and Property Chamber) – for disputes about deposits, tenancy terms, or alleged breaches.
Shelter Scotland – free, confidential housing advice for all renters in Scotland.
mygov.scot: Renting and your rights – official Scottish Government tips on your tenancy rights and landlord obligations.
Scottish Government – HMOs – guidance for HMO tenants on safety and licensing.