cleaning obligations
📖 What is cleaning obligations? Meaning and definition
In New Zealand tenancy law, 'cleaning obligations' relate to the expectation that a tenant will leave a rental property reasonably clean at the end of their tenancy. If a property is not cleaned to an acceptable standard, the landlord may seek compensation from the tenant for the costs incurred to bring it up to that standard. This can include general house cleaning, as well as specific tasks like carpet cleaning or the purchase of cleaning products.
Claims for cleaning costs are often brought before the Tenancy Tribunal. The Tribunal will assess whether the tenant met their obligations. In some cases, parties may agree on cleaning costs through consent, meaning they reach an agreement without the need for a full hearing on that specific issue. However, if there's a dispute, the Tribunal will make a decision based on the evidence presented.
It's important to note that the standard of cleaning expected is generally 'reasonably clean', not necessarily 'spotless' or 'professionally cleaned' unless specified otherwise in the tenancy agreement and legally permissible. Landlords need to provide evidence of the cleaning required and the costs incurred. For example, a claim for house cleaning might be dismissed if the landlord cannot sufficiently prove the need or the extent of the cleaning required beyond normal wear and tear.
Tenants should be aware that cleaning obligations are a common area of dispute at the end of a tenancy. Ensuring the property is thoroughly cleaned before vacating can help avoid claims for compensation. Costs associated with cleaning, such as for professional carpet cleaning or general house cleaning, can be significant and may be ordered payable by the tenant if the Tribunal finds they failed to meet their obligations.
📋 Requirements
- The tenancy has ended.
- The property was not left in a reasonably clean condition by the tenant.
- The landlord incurred costs to clean the property.
- The landlord provides evidence of the cleaning required and the costs.
📝 Procedure
- Landlord files a claim for compensation with the Tenancy Tribunal.
- Parties may attend a case conference where some claims, including cleaning, might be resolved by agreement (consent).
- If not resolved, a hearing is held where both parties can present their case.
- The Tenancy Tribunal assesses the evidence and determines if the tenant is liable for cleaning costs.
- If liable, the Tribunal issues an order for the tenant to pay the awarded amount to the landlord.
💡 Examples
- A landlord successfully claimed $250 for general cleaning and $27.53 for cleaning products after the tenant moved out, as the property was not left clean.
- A tenant was ordered to pay $312.50 for carpet cleaning and $1,400 for general cleaning because the property was left in a poor state at the end of the tenancy.
- A landlord's claim for $761.50 for house cleaning was dismissed by the Tenancy Tribunal, indicating the landlord did not sufficiently prove the tenant's liability for that specific cost.
- During a case conference, a tenant agreed by consent to pay $50 for lawn mowing and $464 for rubbish removal, which are often related to the overall condition of the property at the end of a tenancy.
❓ Frequently asked questions
What does 'reasonably clean' mean for a rental property?
The term 'reasonably clean' means the property should be left in a condition that is tidy and hygienic, similar to how it was at the start of the tenancy, accounting for normal wear and tear. It doesn't usually mean 'professionally cleaned' unless explicitly agreed upon and legally valid.
Can a landlord charge me for professional carpet cleaning?
A landlord can claim for professional carpet cleaning if the carpets are left in a condition that requires it beyond normal wear and tear, and if the cost is reasonable. The Tenancy Tribunal will decide based on the evidence provided by the landlord regarding the state of the carpets.
What if I disagree with the landlord's cleaning claim?
If you disagree with a landlord's claim for cleaning costs, you can dispute it at the Tenancy Tribunal. You should gather evidence, such as photos or videos of the property when you moved out, to support your position that you met your cleaning obligations.
Do I have to pay for cleaning products?
If the Tenancy Tribunal finds that you failed to meet your cleaning obligations and the landlord had to purchase cleaning products to rectify the situation, you may be ordered to pay for those costs, as seen in some cases where cleaning product costs were awarded.
What kind of evidence does a landlord need to claim cleaning costs?
A landlord typically needs to provide evidence such as invoices for cleaning services, receipts for cleaning products, and 'before and after' photos or videos of the property to demonstrate the need for cleaning and the costs incurred.
Can cleaning claims be resolved by agreement?
Yes, cleaning claims can often be resolved by agreement between the landlord and tenant, sometimes during a case conference before a full hearing. This is referred to as 'agreed by consent' and can cover various costs including cleaning.