tenancy obligations
📖 What is tenancy obligations? Meaning and definition
In New Zealand, when you rent a property, you take on certain 'tenancy obligations'. These are essentially the things you are required to do or not do as a tenant. The Tenancy Tribunal cases show these obligations often relate to maintaining the property's condition, cleanliness, and removing personal items or rubbish when the tenancy ends.
Failing to meet these obligations can lead to a landlord applying to the Tenancy Tribunal for orders. For example, if a tenant doesn't mow the lawns or remove rubbish, the Tribunal might order them to complete the work or pay the landlord for the cost of getting the work done. This payment can sometimes be treated as rent in arrears.
The Tribunal can also order a tenant to pay compensation for damages to the property, such as missing door handles, blocked drains, or the cost of professional cleaning for things like stoves and kitchen cupboards. These examples highlight that tenancy obligations cover a range of responsibilities, from general tidiness and waste removal to ensuring the property is left in a good state of repair.
If a tenant does not comply with these obligations, the landlord may undertake the necessary work and charge the tenant for the costs incurred. The Tribunal's decisions illustrate that these costs can be significant and are legally enforceable.
📋 Requirements
- The tenant must maintain the property's exterior, including mowing lawns and removing green waste.
- The tenant must remove all rubbish, junk, furniture, household, and building materials from the premises.
- The tenant must ensure the property is clean, including specific areas like stoves and kitchen cupboards.
- The tenant must repair damages caused during the tenancy, such as replacing missing door handles or fixing blocked drains.
- The tenant must ensure all property-related items, like access fobs, are returned or accounted for.
📝 Procedure
- The landlord identifies a breach of tenancy obligations, such as property damage or failure to clean.
- The landlord applies to the Tenancy Tribunal for compensation or an order for the tenant to complete work.
- A hearing is held, which the landlord attends, sometimes remotely.
- The Tenancy Tribunal considers the application, even if the tenant is absent.
- The Tribunal issues an order, which may require the tenant to carry out specific work or pay a sum of money to the landlord.
- If the tenant fails to comply with the order, the landlord may undertake the work and charge the tenant, with costs potentially treated as rent in arrears.
💡 Examples
- A tenant was ordered to mow the lawns and remove all green waste from the property by a specific date, or alternatively, pay the landlord $1,700.
- After a tenancy ended, a tenant was ordered to pay $904.20 to the landlord for costs associated with replacing a missing door handle and removing interior and exterior rubbish.
- A tenant had to pay $2,433.28 for damages and cleaning costs, including blocked drains, missing vanity doors, major stove cleaning, and rubbish removal, after vacating the property.
- The Tenancy Tribunal specified that if a tenant failed to remove rubbish and clean the property, the landlord could undertake the work and charge the tenant up to $1,700 for the costs.
❓ Frequently asked questions
What happens if I don't meet my tenancy obligations?
If you don't meet your tenancy obligations, your landlord can apply to the Tenancy Tribunal. The Tribunal may order you to complete the required work, such as cleaning or repairs, or pay the landlord for the costs of getting that work done.
Can my landlord charge me for cleaning after I move out?
Yes, if you fail to clean the property to an acceptable standard, the Tenancy Tribunal can order you to pay the landlord for professional cleaning costs, as seen in cases involving major stove cleaning or kitchen cupboard cleaning.
What kind of damages can I be held responsible for?
You can be held responsible for damages like missing door handles, blocked drains, missing vanity doors, or issues with electrical work if these occurred during your tenancy and are not considered fair wear and tear.
Can the costs for not meeting obligations be treated as rent in arrears?
Yes, the Tenancy Tribunal has stated that costs incurred by the landlord for work that the tenant failed to complete, such as rubbish removal, may be treated as rent in arrears and enforced accordingly.
What if I can't afford to pay for the work or damages?
The Tenancy Tribunal will issue an order for payment. If you are unable to pay, the landlord can take steps to enforce the order. It's advisable to discuss payment options with your landlord or seek advice from a community law centre.
Do I have to attend the Tenancy Tribunal hearing?
While the cases show hearings can proceed in a tenant's absence (e.g., if a phone call goes to voicemail), it is generally recommended to attend or participate to present your side of the story.