property condition
📖 What is property condition? Meaning and definition
In New Zealand tenancy law, 'property condition' primarily concerns the tenant's obligations to leave the premises in a specific state when they move out. This includes ensuring the property is reasonably clean and tidy, all rubbish has been removed, and any items provided for their benefit (chattels) are left behind. These obligations are set out in the Residential Tenancies Act 1986.
Landlords often make claims to the Tenancy Tribunal if they believe a tenant has not met these obligations. To prove such a claim, the landlord must show, on the balance of probabilities, that the tenant breached the tenancy agreement or the Act. Evidence like ingoing and outgoing inspection photos can be crucial in demonstrating the change in the property's condition.
If a breach is proven, the tenant may be ordered to pay compensation for costs incurred by the landlord to restore the property to the required condition. This can include expenses for general cleaning, carpet cleaning, rubbish removal, or even repairs to items like curtains if they were damaged or left unclean beyond reasonable wear and tear. The Tenancy Tribunal assesses whether the claimed amounts for these services are reasonable.
📋 Requirements
- The tenant must leave the premises reasonably clean and tidy.
- All rubbish must be removed from the property.
- All keys and security devices must be returned.
- All chattels provided for the tenant's benefit must be left at the property.
📝 Procedure
- Landlord files a claim with the Tenancy Tribunal alleging breaches of property condition obligations.
- Landlord provides evidence, such as ingoing and outgoing inspection photos, to show the property's condition.
- Landlord presents invoices for cleaning, rubbish removal, or repairs undertaken to rectify the property's condition.
- The Tenancy Tribunal assesses the evidence and determines if the tenant breached their obligations and if the compensation sought is reasonable.
💡 Examples
- A tenant was ordered to pay $360 for failing to leave the property reasonably clean and tidy and remove all rubbish, plus additional amounts for carpet cleaning and untidy lawns.
- A landlord successfully claimed $255 for general cleaning and $130 for carpet cleaning after providing photos showing the property was not left reasonably clean and tidy.
- Compensation of $155 was awarded for rubbish removal due to the significant amount of rubbish left behind by the tenant at the end of the tenancy.
- A tenant had to pay $90 for removing, cleaning, re-hemming, and re-hanging curtains that were brand new at the start of the tenancy but left unclean.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'reasonably clean and tidy' mean?
It means the property should be left in a condition that a reasonable person would consider clean and tidy, not necessarily spotless, but free from excessive dirt, grime, or clutter. This is a common standard applied at the end of a tenancy.
Can a landlord charge me for professional cleaning?
A landlord can claim costs for professional cleaning if they can prove that you failed to leave the property reasonably clean and tidy, and the professional cleaning was necessary to meet that standard. The Tenancy Tribunal will assess if the cost is reasonable.
What kind of evidence does a landlord need to prove poor property condition?
Landlords typically use ingoing and outgoing inspection photos, condition reports, and invoices for cleaning or repair services to demonstrate the property's condition at the start and end of the tenancy and the costs incurred to rectify any issues.
Am I responsible for damage that is just normal wear and tear?
No, tenants are generally not responsible for 'normal wear and tear,' which is the deterioration that occurs naturally over time with ordinary use. However, damage beyond normal wear and tear, such as significant stains or breakages, is usually the tenant's responsibility.
What if I offered to clean the property but didn't get a chance?
If you offered to clean but did not follow through as arranged, or if the landlord had to take action because the property was not left in the required condition, you may still be liable for the cleaning costs. The Tenancy Tribunal considers the circumstances of each case.
What happens if I don't return the keys?
Failing to return all keys and security devices at the end of the tenancy is a breach of your obligations. Landlords can claim compensation for the cost of replacing keys or changing locks if necessary.