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  1. #61
    Join Date
    Jan 2012
    Posts
    1,067

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

  2. #62

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    Quote Originally Posted by Learning View Post
    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.

  3. #63
    Join Date
    May 2004
    Posts
    2,837

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    Quote Originally Posted by mrsaneperson View Post
    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.)

  4. #64
    Join Date
    Aug 2003
    Posts
    7,672

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    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
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  5. #65

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    Quote Originally Posted by donna View Post
    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 .

  6. #66

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    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.

  7. #67
    Join Date
    Jan 2012
    Posts
    1,067

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    Quote Originally Posted by JaMa View Post
    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.

  8. #68

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    Quote Originally Posted by Learning View Post
    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.

  9. #69

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    Quote Originally Posted by JaMa View Post
    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.

  10. #70
    Join Date
    Feb 2004
    Location
    Wellington
    Posts
    2,808

    Default

    Quote Originally Posted by mrsaneperson View Post
    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
    Last edited by donna; 16-10-2019 at 01:01 PM. Reason: Adhere to our rules and do not attack the person.
    Delightfully in need of some Tender Loving Care
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