reasonable cleanliness
📖 What is reasonable cleanliness? Meaning and definition
In New Zealand tenancy law, 'reasonable cleanliness' is the benchmark for how clean a rental property should be when a tenant moves out. It's important to understand that this standard does not require the property to be spotless, like a hotel or motel, nor does it demand a commercial cleaning level. Instead, it's about achieving a level of cleanliness that an average, reasonable person would deem appropriate.
This standard takes into account various factors, such as the length of the tenancy and the general condition of the premises. For instance, surfaces that were new and in good condition at the start of the tenancy might be easier to clean than older, worn surfaces, especially paintwork. The landlord's personal preference for a new tenant's acceptable standard is not the determining factor.
If a landlord claims the property was not left reasonably clean, they typically provide evidence such as inspection reports from the start and end of the tenancy, photographs, and invoices for cleaning services. The Tenancy Tribunal will then assess this evidence against the 'reasonable cleanliness' standard. If the tenant is found to have breached this obligation, they may be ordered to pay for cleaning costs, as seen in cases where tenants were ordered to pay for 'advanced cleaning' or general cleaning costs.
📋 Requirements
- Clean to the standard an average, reasonable bystander would consider reasonable.
- Does not mean commercially clean.
- Does not mean spotless to a hotel or motel standard.
- Is not necessarily to the standard a landlord considers acceptable for a new tenant.
- Consideration of factors like tenancy length and general condition of premises (e.g., age and wear of surfaces).
📝 Procedure
- Landlord provides inspection reports from the start and end of the tenancy.
- Landlord provides photographs to support the claim of inadequate cleaning.
- Landlord provides an invoice for cleaning services if they incurred costs.
- Tenant disputes the claim, often stating they cleaned the premises with family help.
- Tenancy Tribunal assesses the evidence against the 'reasonable cleanliness' standard.
- Tribunal makes a decision on whether the tenant is liable for cleaning costs.
💡 Examples
- A tenant was ordered to pay $150.00 for cleaning costs after the landlord provided an invoice and evidence that the property was not left reasonably clean.
- A landlord claimed $799.25 for 'advanced cleaning' with inspection reports and photos, which the tenant disputed, stating they had cleaned the premises with family.
- The Tenancy Tribunal considered the age and condition of items at the start of the tenancy when assessing the overall cleanliness and any required repairs.
- A tenant is expected to clean the property to a standard that an average person would find acceptable, not to the pristine condition of a newly renovated hotel room.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'reasonable cleanliness' mean for me as a tenant?
As a tenant, it means you need to clean the property to a standard that an average, reasonable person would consider clean. It's not about achieving a perfect, spotless finish like a hotel, but ensuring it's tidy and free from excessive dirt or grime.
Does 'reasonable cleanliness' mean I have to hire professional cleaners?
No, 'reasonable cleanliness' does not mean you are required to hire professional or commercial cleaners. You can clean the property yourself, or with help from family, as long as the resulting standard meets what an average person would consider reasonable.
What evidence might a landlord use to claim a property wasn't reasonably clean?
A landlord might use inspection reports from the beginning and end of your tenancy, photographs showing the condition of the property, and invoices for any cleaning services they had to pay for after you moved out.
Can the age of the property affect the standard of cleanliness expected?
Yes, the Tenancy Tribunal may consider factors such as the length of the tenancy and the general condition of the premises, including whether surfaces are new or older and worn, when determining what 'reasonable cleanliness' means in your specific case.
If I disagree with my landlord's claim about cleanliness, what should I do?
If you disagree, you should gather your own evidence, such as photos of the property after you cleaned it, and be prepared to explain to the Tenancy Tribunal what cleaning you undertook. The Tribunal will weigh both sides' evidence.
Is 'reasonable cleanliness' the same as the standard a landlord wants for a new tenant?
No, 'reasonable cleanliness' is not necessarily the same as the standard a landlord considers acceptable for a new tenant. The legal standard is what an average, reasonable bystander would consider reasonable, not a landlord's personal preference.