Carpet clean at end of tenancy.

[Learning]

An interesting article in stuff. .

https://i.stuff.co.nz/business/113641190/heres-why-your-landlord-cant-force-you-to-pay-for-carpet-cleaning?fbclid=IwAR1Lky8bhxYdniyqM17fHaB2S0hfSTz3wbG6XdZrXBCFOCMmfnNsbZ5AXZ8

[mrsaneperson]

An interesting article in stuff. .
https://i.stuff.co.nz/business/11364...CMmfnNsbZ5AXZ8

Simple . Normal wear and tear are not chargeable to the tenant, and never have been. In order to cover oneself the landlord needs to get the carpet cleaning service to write on the invoice that the carpets were dirty as evidenced by the volume of dirt taken out.

Pictures taken before and after can also help.

[artemis]

Simple . Normal wear and tear are not chargeable to the tenant, and never have been. In order to cover oneself the landlord needs to get the carpet cleaning service to write on the invoice that the carpets were dirty as evidenced by the volume of dirt taken out.

Pictures taken before and after can also help.

I helped a young relative with a TT case that included a large carpet claim from the landlord. He produced at the hearing an A4 sized colour printout of a mark on the carpet. It looked huge and shocking.

Fortunately the young person was well advised ;D and we produced our own photos. The photo of the room with the marked carpet showed a pattern maybe 20 times smaller than the landlord's blown up photo.

(The landlord's claim had 13 items, totalling much much more than the bond. 12 were thrown out, and the one that was not was accepted by the tenant from the outset.)

[donna]

The landlord probably should have refunded the bond minus the carpet cleaning fee and then the case would never have gone to the tribunal. I personally think the tenants should get the carpets professionally cleaned - they're just taking their own dirt out - and that's acceptable IMHO.

cheers,

Donna

[mrsaneperson]

The landlord probably should have refunded the bond minus the carpet cleaning fee and then the case would never have gone to the tribunal. I personally think the tenants should get the carpets professionally cleaned - they're just taking their own dirt out - and that's acceptable IMHO.

cheers,

Donna

Agreed. Unless there were other things for the bond money to be held in dispute. There's a box for money to be held in dispute on the bond refund form , true it would vex the tenant more holding the entire amount back .

[JaMa]

Thankyou erinak that is the precise question I have. The tenants signed TA which says they have to have the carpets cleaned professionally when they leave. So, although the Property management company have this as a signed clause it would seem that the tenants dont have to do this by law. I wonder if this has been tested. I would have thought a signed contract is just that.

[Learning]

I would have thought a signed contract is just that.

And if two parties agree and sign a contract to ignore other laws it's ok too? You cant contract outside of or beyond the law.

[JaMa]

And if two parties agree and sign a contract to ignore other laws it's ok too? You cant contract outside of or beyond the law.

Yes, reading the rest of the thread after posting this I see the replies. This stipulation was put in the TA by the PM.

[mrsaneperson]

Yes, reading the rest of the thread after posting this I see the replies. This stipulation was put in the TA by the PM.

Thats why the wording has to state ""we recommend the use of professional carpet cleaner"". Follow this up with a wee chat with the tenant and explain you are not demanding they do use a professional , only that it will serve their best interests to do so rather than they get billed afterward.

[spaceman]

Thats why the wording has to state ""we recommend the use of professional carpet cleaner"". Follow this up with a wee chat with the tenant and explain you are not demanding they do use a professional , only that it will serve their best interests to do so rather than they get billed afterward.

So you know what you're "asking" in the TA is illegal so you have to carefully word it to say "recommend"....and have admitted in an earlier post that you know the law is on the side of the tenant.

Yet threatening to bill them afterwards?

Reminds my of the lady here a while back that thought it was ok to connect her sewer to the storm water system because it would be cheaper than getting it done properly.

SMH
Spaceman

[mrsaneperson]

It is in both the best interests of landlord and tenant to have the carpet cleaned by a professional.
I've had plenty of experience in this regard, maybe you haven't, whereby the tenant doesnt clean them at all or does a botchup job with a rug doctor. The end result is I have to call a professional in and the tenant gets landed with the bill.

[JaMa]

Thats why the wording has to state ""we recommend the use of professional carpet cleaner"". Follow this up with a wee chat with the tenant and explain you are not demanding they do use a professional , only that it will serve their best interests to do so rather than they get billed afterward.

As we were not aware of the law until all this came up as the property was being handled by a PM who had put it in the TA. In the end we got the carpets cleaned at our cost and have not billed the tenant. The PM said that 99% of tenants do get the carpets cleaned after their tenancy (as was our previous experience). We have learned from the experience that although a PM may put it in a TA it is not enforceable and we now know the law. We've now moved on, hopefully wiser.

[spaceman]

It is illegal to require professional carpet cleaning at the end of the tenancy.

If there is a problem with the carpet caused by the tenant beyond reasonable wear and tear, you are of course able to seek redress. But, let's be very clear and honest here, thats not what you are trying to do. You are trying to insist that the tenant gets the carperts professionally cleaned (which is unenforceable under the RTA) and if they don't want to you threaten them with a bill or black marks against their name in the TT.


Cheers
Spaceman

[Keys]

^^^ Comes back with a bang ^^^

[mrsaneperson]

Spaceman and Keys are plain envious at their lack of perceived enforceability regarding this issue of getting the tenant to properly clean the carpets. Keys in particular is letting his own clients down by his short-sightedness.
I've had no issues regarding the recommendation of carpets to be cleaned by a professional. Simply put it serves to protect the best interests of incoming and outgoing tenants as well as the landlord. Is it enforceable?
Simply put if the carpets are found to be dirty and I have to get a professional to correct the situation, yes.