cleaning and rubbish removal
📖 What is cleaning and rubbish removal? Meaning and definition
At the end of a tenancy in New Zealand, tenants have a legal obligation to ensure the premises are left in a reasonably clean and tidy state, and that all rubbish has been removed. This is a key part of their responsibilities under the Residential Tenancies Act 1986. If a tenant fails to meet this standard, the landlord may seek compensation for the costs incurred to bring the property up to the required condition.
Landlords often provide invoices for cleaning and rubbish removal services as evidence of these costs when making a claim. These invoices can detail various charges, such as general cleaning, oven cleaning, skip bin hire, and removal of heavy or miscellaneous household items. The Tenancy Tribunal will assess these claims based on evidence like photographs and invoices to determine if the tenant did not comply with their obligations.
It's important to note that the compensation awarded for cleaning and rubbish removal must be reasonable and directly related to the tenant's failure to meet their obligations. For example, charges for work unrelated to cleaning or rubbish removal, such as roof tile repairs, will be deducted. Similarly, if the amount of cleaning hours or costs seems excessive given the state of the property shown in evidence, the Tribunal may reduce the amount awarded.
Tenants are expected to remove all their belongings and rubbish, leaving the property ready for the next occupants or for the landlord to manage without significant additional effort for cleaning. Failure to do so can result in the tenant being ordered to pay for these services, which can be a substantial amount.
📋 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 provides evidence, such as photographs and invoices, of the state of the property and the costs incurred for cleaning and rubbish removal.
📝 Procedure
- The tenancy ends.
- The landlord inspects the property and documents its condition, often with photographs.
- The landlord arranges for professional cleaning and rubbish removal if the tenant has not met their obligations.
- The landlord obtains invoices for the cleaning and rubbish removal services.
- The landlord applies to the Tenancy Tribunal for compensation, providing evidence of the tenant's non-compliance and the costs incurred.
- The Tenancy Tribunal reviews the evidence and makes an order for payment if the claim is justified.
💡 Examples
- A tenant was ordered to pay over $1,800 for professional cleaning, including oven cleaning, and rubbish removal after leaving the property in an unsatisfactory state.
- A landlord submitted an invoice for over $6,500 for cleaning and rubbish removal, but the Tribunal reduced the amount after finding some charges were for unrelated repairs and other cleaning hours were excessive.
- A tenant had to pay $749 after leaving a significant amount of rubbish, including heavy items, and not cleaning the property, requiring skip bin hire and extensive cleaning and garden work.
- Photographs submitted by a landlord clearly showed miscellaneous household items and a lack of cleaning, leading to an order for the tenant to pay for cleaning and rubbish removal.
📚 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 and ready for the next tenant, without requiring extensive professional cleaning beyond normal wear and tear. This includes removing all personal belongings and rubbish.
Can a landlord charge me for cleaning if I cleaned the property myself?
If the landlord can demonstrate with evidence, such as photographs, that despite your efforts, the property was not left 'reasonably clean and tidy' or that rubbish remained, they may still be able to claim for professional cleaning and rubbish removal costs.
What kind of rubbish am I expected to remove?
You are expected to remove all rubbish, which can include general household waste, miscellaneous items, and even heavy rubbish. Failure to do so can result in charges for services like skip bin hire or heavy rubbish removal.
How does the Tenancy Tribunal decide if the cleaning costs are fair?
The Tribunal assesses the landlord's claim by reviewing evidence like photographs of the property's condition and detailed invoices for the cleaning and rubbish removal. They will ensure the costs are reasonable and directly related to the tenant's failure to meet their obligations, sometimes reducing claims if they appear excessive or include unrelated work.
What if the landlord's invoice includes charges for things that aren't cleaning or rubbish removal?
The Tenancy Tribunal will typically deduct charges that are not related to cleaning or rubbish removal, such as repairs for roof tiles or other maintenance issues that are not the tenant's responsibility. The tenant is only liable for costs directly attributable to their breach of cleaning and rubbish removal obligations.