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  1. #1

    Default Professional carpet cleaning requirement illegal ??

    There is currently a thread on SmileCity here, where a poster is stating that a court has found in favour of an ex-tenant, where their agreement required them to professionally clean the carpets prior to the vacation of the property, and that the agreement was in violation of the Fair Trading Act !!

    As you can see, I've asked for the poster to provide some sort of proof, but I would like some input from some of the seasoned posters here, as I find it hard to believe that the FTA has any sort of bearing on this.


    Sidenote: This is my third attempt to post this here. The WYSIWYG editor chewed up a full 50% of my processor !! Ackk!!
    And is it just me, or do the ads down the left-hand side take an awfully long time to load whenever you're trying to navigate to another page??

  2. #2
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    Default

    Quote Originally Posted by Antmannz View Post
    There is currently a thread on SmileCity here, where a poster is stating that a court has found in favour of an ex-tenant, where their agreement required them to professionally clean the carpets prior to the vacation of the property, and that the agreement was in violation of the Fair Trading Act !!

    As you can see, I've asked for the poster to provide some sort of proof, but I would like some input from some of the seasoned posters here, as I find it hard to believe that the FTA has any sort of bearing on this.


    Sidenote: This is my third attempt to post this here. The WYSIWYG editor chewed up a full 50% of my processor !! Ackk!!
    And is it just me, or do the ads down the left-hand side take an awfully long time to load whenever you're trying to navigate to another page??
    Hello ant,

    I don't know about the Fair Trading Act or "in violation" of that act, but the court is quite correct in finding in favour of the tenant.

    xris

  3. #3
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    Antmannz,

    The legal requirement is for the tenant to leave the property in a 'reasonable' state, and the landlord can ask the tenant (or charge to the tenant) whatever is required to do that.

    The landlord can ask for a tenant to have a carpet professionally cleaned, but if the tenant argues successfully that the carpet is in a 'reasonable' state, then the requirement cannot be enforced.

    I suspect that the Tenancy Tribunal has probably ruled this in the past, but like you I would be surprised if any other court had been asked to rule on it!

    cube

    Sidenote - don't have a problem with the editor, but yes, sometimes the ads do take a while to load.
    DFTBA

  4. #4
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    Just a note having read the Smilecity discussion - just because something in a contract is unenforceable does not make it illegal, which seems to be the presumption in the thread.

    The tenant can't be awarded damages for being asked to have the carpets cleaned!

    Unless I'm wrong, of course........

    cube
    DFTBA

  5. #5
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    Quote Originally Posted by xris View Post
    Hello ant,

    I don't know about the Fair Trading Act or "in violation" of that act, but the court is quite correct in finding in favour of the tenant.

    xris

    Broad statement that xris.

    Without knowing the details of the claim, I certainly wouldn't say that.

  6. #6
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    Surely "Reasonable" is a subjective term.

    If you have both agreed at the start of the Tenancy that a "Reasonable State" means that the carpet has just been Professionally Cleaned then it would seem logical that the undertaking was binding.

    Of course the TT aren't always known for their grasp of logic or even the law.

  7. #7
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    Yes. If tenant leaves carpet in resonable condition when they leave, they do not have to get it professionally cleaned. That is even if the agreements says so too.

    Many property managers know this but try it on with the clause in there contract.

    I normally recommend a tenant get them cleaned by a pro. This clears up any misunderstanding in future.

  8. #8
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    Quote Originally Posted by hawkeye View Post
    If you have both agreed at the start of the Tenancy that a "Reasonable State" means that the carpet has just been Professionally Cleaned then it would seem logical that the undertaking was binding.
    Nope. Not binding at all. No matter what is written into the TA, the tenant may not contract out of their rights.

    It could be seen that agreeing to clean the already clean carpets is punative.

  9. #9
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    No matter what is written into the TA, the tenant may not contract out of their rights.
    Thanks Keys.
    That was the wording I was trying to think of.

    Keys.
    Why do some PM still insist on these clauses if they are not enforcable?

    Are they:
    A- Trying it on or
    B- Ignorant & unaware of the rules

    Although if B you would have to wonder if they are the best to be managing your property for you.

  10. #10
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    Quote Originally Posted by whitt View Post

    Keys.
    Why do some PM still insist on these clauses if they are not enforcable?

    Are they:
    A- Trying it on or
    B- Ignorant & unaware of the rules
    I would suggest that they are trying it on.

    I have to say though. I believe that if tenants have pets, the TT will uphold a carpet cleaning clause.


 

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