rubbish removal
📖 What is rubbish removal? Meaning and definition
In New Zealand tenancy law, 'rubbish removal' is a key obligation for tenants when their tenancy ends. Tenants are expected to leave the premises in a condition where all personal rubbish has been taken away. Failure to remove all rubbish means the landlord may incur costs to have it removed, and these costs can then be claimed from the tenant through the Tenancy Tribunal.
This obligation is often considered alongside the requirement for the premises to be left reasonably clean and tidy. The costs associated with rubbish removal can vary significantly, as seen in Tribunal orders, ranging from hundreds to thousands of dollars depending on the volume and nature of the rubbish left behind.
Landlords typically apply to the Tenancy Tribunal for compensation and reimbursement of costs like rubbish removal after a tenancy has concluded. The Tribunal assesses whether the tenant complied with their end-of-tenancy obligations, including the removal of all rubbish. If the Tribunal finds the tenant did not meet this obligation, an order will be made for the tenant to pay the landlord for the removal costs.
These claims are often part of a broader application by landlords seeking compensation for various breaches of tenancy obligations, such as cleaning, repairs, and lock/key replacement. The Tribunal's decision will detail the specific amounts awarded for each claim, including rubbish removal.
📋 Requirements
- The tenancy has ended.
- The tenant did not remove all rubbish from the premises.
- The landlord incurred costs to remove the rubbish.
- The landlord applies to the Tenancy Tribunal for compensation.
📝 Procedure
- The tenancy ends and the tenant vacates the property.
- The landlord identifies that rubbish has not been removed.
- The landlord arranges and pays for the rubbish to be removed.
- The landlord applies to the Tenancy Tribunal for compensation, including the cost of rubbish removal.
- A hearing is held, where the Tribunal considers the landlord's application and evidence.
- The Tribunal issues an order for the tenant to pay the landlord if the claim for rubbish removal is successful.
💡 Examples
- A tenant was ordered to pay $161.00 for rubbish removal after leaving unwanted items at the property when the tenancy ended.
- In one case, tenants were ordered to pay $2,760.00 for extensive rubbish removal, indicating a significant amount of waste left behind.
- A landlord successfully claimed $1,868.25 for rubbish removal, alongside other costs like cleaning and repairs, after the tenant vacated the premises.
- The Tenancy Tribunal included a charge for rubbish removal as part of a total award against a tenant who failed to clear the property at the end of their lease.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'rubbish removal' mean in a tenancy agreement?
It means the tenant's responsibility to take away all their unwanted items and waste from the rental property when they move out. If they don't, the landlord can charge them for the cost of getting it removed.
How much can a landlord charge for rubbish removal?
The amount can vary greatly, from a few hundred dollars to several thousand, depending on how much rubbish is left and the cost of its disposal. The Tenancy Tribunal will assess the actual costs incurred by the landlord.
Is rubbish removal part of general cleaning obligations?
While related, rubbish removal is often treated as a distinct obligation from general cleaning. Tenants must leave the premises reasonably clean and tidy AND remove all rubbish, as seen in Tenancy Tribunal decisions.
What happens if I don't remove all my rubbish at the end of a tenancy?
Your landlord may apply to the Tenancy Tribunal to recover the costs they incur to remove the rubbish. You could be ordered to pay these costs, along with any other compensation for breaches of your tenancy obligations.
Can a landlord claim for rubbish removal if I left only a small amount?
Yes, even if it's a small amount, if the landlord has to pay for its removal, they can claim those costs. The key is whether the tenant fulfilled their obligation to remove ALL rubbish.
Where can I find more information about my end-of-tenancy obligations?
You can refer to the Residential Tenancies Act 1986, which outlines tenant responsibilities. For specific advice on your situation, it is recommended to consult with a qualified legal professional.