cleaning and repair costs
📖 What is cleaning and repair costs? Meaning and definition
When a tenancy concludes in New Zealand, tenants have an obligation to leave the premises reasonably clean and tidy and to remove all rubbish. If a tenant fails to meet these obligations, the landlord may apply to the Tenancy Tribunal for compensation to cover the costs of cleaning and repairs. These costs can include a range of services such as general cleaning, rubbish removal, and specific repairs for damage that goes beyond normal wear and tear.
The Tenancy Tribunal assesses claims for cleaning and repair costs based on evidence provided by the landlord, such as exit reports and invoices for services rendered. The Tribunal determines if the tenant did not comply with their end-of-tenancy obligations as outlined in the Residential Tenancies Act 1986. Landlords must demonstrate that the claimed amounts are reasonable and directly relate to the tenant's failure to maintain the property.
In practice, these costs are often itemised in Tribunal orders, separating expenses like rubbish removal, general cleaning, and specific repairs. For instance, a landlord might claim for labour costs associated with cleaning and rubbish removal, or for the replacement of damaged furnishings. The total amount awarded to the landlord for these costs is then typically ordered to be paid by the tenant, sometimes offset by any bond held.
For self-represented litigants, understanding these obligations is crucial. Tenants should ensure they thoroughly clean the property and remove all personal belongings and rubbish before vacating to avoid potential claims. Landlords should document the property's condition at the start and end of the tenancy, keeping detailed records and invoices for any cleaning or repair work undertaken.
📋 Requirements
- The tenancy has ended.
- The tenant did not leave the premises reasonably clean and tidy.
- The tenant did not remove all rubbish from the premises.
- The landlord has incurred costs for cleaning or repairs due to the tenant's non-compliance.
- The landlord provides evidence of the costs, such as invoices or quotes.
📝 Procedure
- The landlord applies to the Tenancy Tribunal for compensation.
- The Tribunal schedules a hearing, which may proceed even if the tenant does not attend.
- The landlord presents evidence, such as exit reports and itemised costs for cleaning and repairs.
- The Tribunal assesses whether the tenant failed to meet their end-of-tenancy obligations under the Residential Tenancies Act 1986.
- If the claim is successful, the Tribunal issues an order for the tenant to pay the awarded amount to the landlord.
💡 Examples
- A tenant was ordered to pay $651.16 for cleaning and $1,225.17 for rubbish removal because they left the property untidy with significant waste.
- A landlord successfully claimed $2,001.00 for cleaning and rubbish removal labour, plus $585.00 for skip hire, after a tenant vacated without adequately clearing the property.
- A tenant had to pay $160.00 for cleaning and $524.40 for rubbish removal, in addition to costs for replacing damaged furnishings like a wardrobe and bed.
- After a tenancy, a landlord claimed for repairs totalling $983.46, alongside specific cleaning and rubbish removal expenses, due to the tenant's failure to maintain the property.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'reasonably clean and tidy' mean at the end of a tenancy?
It means the property should be left in a condition that is generally acceptable for a new tenant to move into, without requiring extensive professional cleaning beyond what would be expected from normal use. It does not mean 'spotless' but rather a standard that is fair and reasonable.
Can a landlord charge for cleaning if I already cleaned the property?
A landlord can only charge for cleaning if the property was not left 'reasonably clean and tidy' according to the Residential Tenancies Act 1986, even if you attempted to clean it. The Tenancy Tribunal will assess if further cleaning was genuinely necessary due to your non-compliance.
What kind of repairs can a landlord claim for?
Landlords can claim for repairs to damage caused by the tenant that goes beyond normal wear and tear. This might include damage to furnishings, fixtures, or the structure of the property itself, as opposed to minor scuffs or fading that naturally occur over time.
How do I dispute a landlord's claim for cleaning and repair costs?
If you disagree with a landlord's claim, you should attend the Tenancy Tribunal hearing and present your own evidence, such as photos of the property when you left, receipts for cleaning services you paid for, or witness statements. This allows the Tribunal to consider both sides of the argument.
What evidence does a landlord need to provide for cleaning and repair costs?
Landlords typically need to provide evidence such as entry and exit reports detailing the property's condition, photographs or videos, invoices or quotes for cleaning and repair services, and bank statements showing payment for these services. This helps the Tribunal verify the claim.
Can a landlord use my bond to cover cleaning and repair costs?
Yes, if the Tenancy Tribunal orders that you are liable for cleaning and repair costs, the landlord may be authorised to use part or all of your bond to cover these expenses. Any remaining bond would then be refunded to you, or you would pay any shortfall.