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  1. #11

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    Quote Originally Posted by John the builder View Post
    if it is covered by RTA? then that act requires insulation statement but it may be impractical. You could set up a tenancy outside the RTA?
    You cant contract out of the RTA, it is actually a breach of the RTA

    http://www.legislation.govt.nz/act/p.../DLM96415.html

  2. #12

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    Quote Originally Posted by sidinz View Post
    Therefore, if it was begun before July 2016, an insulation statement is not required.
    Correct

    Quote Originally Posted by sidinz View Post
    You have been charged the fees for making changes to an existing TA, which is completely legal.
    This might not be the case, it could be deemed as a letting fee or another fee which could be illegal

    Quote Originally Posted by sidinz View Post
    Landlords can't presuppose that carpets will need professional cleaning at the end of the tenancy unless pets are allowed and having this requirement in a Tenancy Agreement where there are no pets isn't legal. However, if the carpets are indeed dirty, you can be charged for cleaning them.
    Yes and no, carpet cleaning clauses can be in a contract regardless, however unless the carpet is not in a 'reasonably clean and reasonably tidy condition' then this is an unenforceable clause, regardless of if there are pets or not

  3. #13

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    Quote Originally Posted by rb10347 View Post
    Hi all,

    I have reason to suspect the house I am a tenant in may not be sanitary under the building act 2004 due to the number of draughts, amount of mould and dampness in the house. Can I, as a tenant, have a safe and sanitary report conducted by a licensed company without the owners permission? If the house is deemed unsanitary, what would I need to do from there?

    Cheers
    I would call Tenancy Services and have a chat to them. They have council contacts and can handle everything you are talking about and if you are taking tribunal action yourself they can help you

  4. #14
    Join Date
    Jan 2009
    Posts
    178

    Default

    Having just been to tribunal, carpet cleaning is OK as a clause. Professional carpet cleaning however is not

  5. #15
    Join Date
    Mar 2013
    Location
    Auckland
    Posts
    1,681

    Default

    Quote Originally Posted by BradFromNZ View Post
    Correct



    This might not be the case, it could be deemed as a letting fee or another fee which could be illegal



    Yes and no, carpet cleaning clauses can be in a contract regardless, however unless the carpet is not in a 'reasonably clean and reasonably tidy condition' then this is an unenforceable clause, regardless of if there are pets or not

    That poster posted elsewhere which made it clear that what he was describing was exactly what I said above. He did not have a new tenancy, he took over when the previous head tenant moved on.

    It is impossible to avoid pet dander getting deep into carpet piles. The next tenants may have allergies. Therefore, there is no way that a carpet will be left "reasonably clean" if pets have been in residence. It will be full of allergens. This is what makes it an enforceable clause where pets are concerned.

    But this is an old thread. The OP quickly moved on when he was told the cold, hard truth.
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  6. #16

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    Quote Originally Posted by sidinz View Post
    It is impossible to avoid pet dander getting deep into carpet piles. The next tenants may have allergies. Therefore, there is no way that a carpet will be left "reasonably clean" if pets have been in residence. It will be full of allergens. This is what makes it an enforceable clause where pets are concerned.
    I would 100% argue this, the top allergens are pollen, dust mites and mold, all of which can be just as microscopic as dander, therefore using your logic any house which might have these in their carpet you can enforce the professional carpet cleaning? Not in my mind.

    If the tenant has given the property a decent hoover and has removed as much fur as possible and there are no stains I honestly don't think you can enforce it.

    If the incoming tenant has allergies it is their responsibility to take steps to reduce the risk (in this instance professionally clean the carpet at their expense). It would not be reasonable to expect the outgoing tenant to incur the cost on a 'maybe' if the landlord is that concerned, they can wear the cost.


 

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