carpet cleaning
📖 What is carpet cleaning? Meaning and definition
In New Zealand tenancy law, carpet cleaning is a cost that can arise when a tenancy ends, particularly if the carpets are not left in a 'reasonably clean and tidy condition' as required by the Residential Tenancies Act 1986. The responsibility for this cost can be disputed between landlords and tenants. The Tenancy Tribunal may order either the landlord or the tenant to pay for carpet cleaning, or even apportion the cost between them, depending on the specific circumstances of the tenancy and the condition of the carpets at the start and end of the agreement. For instance, in one case, a tenant was ordered to pay half the cost of carpet cleaning, suggesting that while the carpets needed cleaning, the tenant was not solely responsible for the entire expense.
Landlords often claim for carpet cleaning costs to ensure the property is ready for new tenants. These claims are typically made to the Tenancy Tribunal, which will assess the evidence provided by both parties. If a tenant fails to attend a hearing, the Tribunal may proceed without them and order them to pay the claimed costs, including carpet cleaning. The cost of carpet cleaning can vary significantly, as seen in different cases where amounts ranged from $130.00 to over $350.00.
The concept of 'reasonably clean and tidy' is not strictly defined in the Act, leading to potential disagreements. The Tribunal considers evidence from both sides to determine if the tenant met their obligations. If the Tribunal finds the tenant did not leave the premises in a reasonably clean condition, they may be ordered to pay for the cleaning. This payment can be deducted from the bond or ordered as a direct payment to the landlord.
📋 Requirements
- The tenancy has ended.
- The premises, specifically the carpets, were not left in a 'reasonably clean and tidy condition' by the tenant.
- A claim for carpet cleaning costs has been made by the landlord to the Tenancy Tribunal.
- Evidence is presented to the Tenancy Tribunal regarding the condition of the carpets and the cost of cleaning.
📝 Procedure
- The tenancy ends, and the landlord assesses the condition of the carpets.
- The landlord makes a claim to the Tenancy Tribunal for carpet cleaning costs, often alongside other claims like rent arrears or rubbish removal.
- Both parties are notified of a hearing date and time.
- The Tenancy Tribunal hears evidence from the attending parties regarding the condition of the carpets and the necessity/cost of cleaning.
- The Tribunal issues an order, which may include payment for carpet cleaning, potentially apportioned between the landlord and tenant, or deducted from the bond.
💡 Examples
- A landlord applied to the Tenancy Tribunal for $350.75 for carpet cleaning after the tenant moved out, claiming the carpets were not left in a reasonably clean state.
- After a short tenancy, the Tenancy Tribunal ordered a tenant to pay $140.88, representing half the cost of carpet cleaning, from their bond.
- A landlord was awarded $130.00 for carpet cleaning as part of a larger claim for rent arrears and other compensation after the tenant failed to attend the hearing.
- The Tenancy Tribunal dismissed a landlord's claim for garden work but upheld a claim related to carpet cleaning, illustrating the specific nature of such claims.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
Who is responsible for carpet cleaning at the end of a tenancy in New Zealand?
Tenants are required by the Residential Tenancies Act 1986 to leave the premises, including carpets, in a 'reasonably clean and tidy condition' at the end of a tenancy. If they do not, the Tenancy Tribunal may order them to pay for carpet cleaning, either fully or partially.
What does 'reasonably clean and tidy' mean for carpets?
The Residential Tenancies Act 1986 does not specifically define 'reasonably clean and tidy,' and its interpretation can vary. It generally means the carpets should be in a condition that reflects normal wear and tear, and not excessively dirty or damaged beyond what would be expected from living in the property.
Can a landlord always charge for professional carpet cleaning?
No, a landlord cannot always charge for professional carpet cleaning. The Tenancy Tribunal will assess whether the carpets were left in a condition that genuinely required professional cleaning beyond what a tenant could reasonably achieve, and whether the cost claimed is fair and reasonable.
What if the carpets were not professionally cleaned at the start of my tenancy?
The Residential Tenancies Act 1986 requires landlords to provide premises in a 'reasonably clean and tidy condition' at the start of a tenancy. If the carpets were not clean at the beginning, this could influence a Tenancy Tribunal decision regarding responsibility for cleaning costs at the end.
What evidence should I provide if there's a dispute over carpet cleaning?
You should provide evidence such as photos or videos of the carpet's condition at the start and end of the tenancy, receipts for any cleaning you undertook, and communication with the other party. This helps the Tenancy Tribunal make an informed decision.
Can carpet cleaning costs be deducted from my bond?
Yes, if the Tenancy Tribunal orders the tenant to pay for carpet cleaning, this cost can be deducted from the bond held by the Bond Centre. The Tribunal will issue an order specifying how the bond is to be apportioned.