cleaning costs
π What is cleaning costs? Meaning and definition
In New Zealand tenancy law, cleaning costs are a common claim made by landlords against tenants when a property is not left in a reasonably clean and tidy state at the end of a tenancy. This obligation for tenants is outlined in the Residential Tenancies Act 1986. Landlords may seek compensation for these costs, often presenting invoices for professional cleaning services.
The amount claimed for cleaning costs can be disputed by tenants, who might argue the costs are excessive or that they fulfilled their obligations. In such cases, the matter may proceed to mediation or a hearing before the Tenancy Tribunal, where evidence like invoices and the condition of the property will be considered to determine a fair amount.
Cleaning costs are frequently part of a broader claim for end-of-tenancy obligations, which can also include expenses for rubbish removal, lock replacement, and repairs. The Tenancy Tribunal will assess whether the tenant complied with their duty to leave the premises reasonably clean and tidy, and if not, will order them to pay the appropriate costs to the landlord.
π Requirements
- The tenancy has ended.
- The tenant did not leave the premises reasonably clean and tidy.
- The landlord provides evidence of cleaning costs, such as an invoice.
- The costs claimed are considered reasonable.
π Procedure
- The landlord identifies that the property was not left reasonably clean and tidy at the end of the tenancy.
- The landlord incurs cleaning costs and obtains an invoice.
- The landlord makes a claim for cleaning costs, potentially alongside other end-of-tenancy expenses.
- If disputed, the matter may go to mediation to resolve the cleaning costs.
- If unresolved, the Tenancy Tribunal considers the claim and evidence, such as invoices, to determine if the tenant must pay.
π‘ Examples
- A tenant was ordered to pay $425.00 for cleaning costs after a four-year tenancy, following a dispute over the amount at mediation.
- A landlord claimed $575.00 for a cleaning invoice, which the tenant disputed as excessive, leading to a Tenancy Tribunal hearing.
- A tenant was ordered to pay $563.50 for cleaning by consent, as part of a larger claim for end-of-tenancy obligations including rubbish removal and lock replacement.
- A landlord successfully claimed $200.00 for cleaning as part of a total award for damages, rubbish removal, and other repairs after a tenancy ended.
π Legal basis
- Residential Tenancies Act 1986
β 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, similar to how it was at the start of the tenancy, accounting for fair wear and tear. It doesn't necessarily mean spotless, but it should be clean enough for the next tenant to move in without needing additional cleaning.
Can a landlord charge for professional cleaning if I cleaned the property myself?
A landlord can claim for professional cleaning if the property was not left reasonably clean and tidy, even if you attempted to clean it yourself. The key is whether your cleaning met the required standard under the Residential Tenancies Act 1986.
What if I disagree with the amount of cleaning costs the landlord is claiming?
If you dispute the amount, you can try to resolve it directly with the landlord. If an agreement cannot be reached, the matter can be taken to mediation or the Tenancy Tribunal, where an adjudicator will consider the evidence from both parties.
Do I have to pay for cleaning if the property was not perfectly clean when I moved in?
Your obligation is to leave the property reasonably clean and tidy, generally in a similar state to when you moved in, minus fair wear and tear. It's helpful to have entry condition reports or photos to show the property's condition at the start of the tenancy.
What kind of evidence should I keep regarding cleaning?
It's advisable to take dated photos or videos of the property's condition when you move in and when you move out. Keep receipts for any cleaning products or services you used. This evidence can be crucial if there's a dispute over cleaning costs.
