cleaning
📖 What is cleaning? Meaning and definition
In New Zealand tenancy law, 'cleaning' often appears as a claim made by landlords against tenants at the end of a tenancy. This typically happens when the property is not left in a reasonably clean and tidy condition, requiring the landlord to incur costs to bring it back to that standard. The Tenancy Tribunal can order tenants to pay for these cleaning costs.
These costs can cover a range of activities beyond general tidying, such as carpet cleaning, rubbish removal, and general cleaning services. The landlord must apply to the Tribunal, often seeking compensation and reimbursement for these expenses. The Tribunal will assess the evidence provided by the landlord, which might include invoices or quotes for the cleaning work.
If the Tribunal is satisfied that the tenants are responsible for the cleaning costs, an order will be made for the tenants to pay the specified amount to the landlord. This payment is typically due immediately. In some cases, the bond held for the tenancy may be used to offset these costs, with any remaining balance payable by the tenant.
📋 Requirements
- The tenancy has ended.
- The landlord has filed an application seeking compensation for cleaning.
- The landlord provides evidence of the cleaning costs incurred.
- The Tenancy Tribunal is satisfied that the tenants are responsible for the cleaning.
📝 Procedure
- The tenancy ends.
- The landlord files an application with the Tenancy Tribunal for compensation, including cleaning costs.
- The landlord attends the hearing and presents evidence of the cleaning required and the costs incurred.
- The Tenancy Tribunal makes an order for the tenant to pay the cleaning costs if the claim is successful.
💡 Examples
- A tenant was ordered to pay $200 for general cleaning costs after their tenancy ended, alongside other damages.
- A landlord claimed $3,795 for cleaning, which included rubbish removal and lawn maintenance, after the tenant vacated the property.
- The Tenancy Tribunal ordered a tenant to pay $713 for cleaning and an additional $322 for carpet cleaning, among other expenses.
- After a tenancy ended, the landlord sought reimbursement for cleaning, rubbish removal, and garden work, which were all awarded by the Tribunal.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What kind of cleaning costs can a landlord claim?
Landlords can claim for various cleaning costs, including general cleaning, carpet cleaning, rubbish removal, and even garden work like lawns, if these are necessary due to the tenant's actions or omissions at the end of the tenancy.
How does a landlord prove cleaning costs to the Tenancy Tribunal?
Landlords typically prove cleaning costs by providing invoices, receipts, or quotes for the cleaning services rendered. They may also provide photos or other evidence showing the condition of the property before and after the tenancy.
Can a tenant be ordered to pay for cleaning if they didn't attend the hearing?
Yes, if the tenant has been properly served with the landlord's application in accordance with the Residential Tenancies Act 1986, the hearing can proceed in their absence, and an order for cleaning costs can still be made against them.
Is the bond always used to cover cleaning costs?
The bond can be used to cover cleaning costs if the Tenancy Tribunal orders it. If the cleaning costs exceed the bond amount, the tenant may be ordered to pay the remaining balance directly to the landlord.
What if I disagree with the landlord's claim for cleaning?
If you disagree with a landlord's claim for cleaning, you should attend the Tenancy Tribunal hearing and present your evidence and arguments. This might include photos of the property's condition when you left, or receipts for cleaning you undertook.