In The Know - Property Management
30 October 2019
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Case Update: Carpet professionally cleaned? Or stained?
The landlord applied for compensation for carpet cleaning and water damage to the vanity.
Law
Section 40(1)(e) of the Residential Tenancies Act 1986 provides that at the end of a tenancy, tenants must leave the premises in a reasonably clean and tidy state, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
What happened?
CARPET
The tenants stated that they had the carpets professionally cleaned before the end of the tenancy. The landlord claimed that the carpet was wet and stained. The landlord had the carpets cleaned however, some of the marks were unable to be removed. The landlord provided photos as evidence of the state of the carpet to the Tenancy Tribunal which then decided that the carpet did in fact require a clean.
This claim was proven.
VANITY
The landlord claimed water damage to the vanity. The vanity was new at the beginning of the tenancy and the Tribunal noted that the damage was consistent with water ingress causing swelling of the laminate.
The Tribunal stated that a vanity is designed to get wet and there was no evidence that the damage was caused by the carelessness of the tenants instead of the product being faulty. Even though the damage occurred during the tenancy, it did not prove that the damage was caused by the tenants.
This claim was not proven.
10 Minutes with Paul Davies
REINZ recently spoke with Paul Davies, Senior Operations Advisor for MBIE in the Tenancy Services Compliance and Investigation Team about the Property Management Assessment Process - how it works, what to expect and what actually happens during an assessment.
Keeping calm during difficult conversations
If you often find yourself in a situation where you are having difficult conversations with landlords and tenants that do not have your desired outcome, it can be helpful to be aware of the warning signs.
If the conversation is becoming emotional or increasingly heated; if you are raising your tone or speaking faster, then there has been a shift from your regular state. It’s easy to move into a different zone when we are stressed – we can begin to speak with emotion without consideration for how this could impact relationships in the long-term or on the other party. The first step is being able to recognise and understand your own warning signs.
When you next become aware of these warning signs in a discussion, it may be suitable to take some time out and continue the conversation at a time when you both feel more at ease.
REINZ is working on various short course workshops for early 2020 to assist property managers with difficult conversations and managing conflict.
SAVE THE DATE - 2020 REINZ Residential Property Management Conference
Friday 7 August, 2020
Auckland
REINZ Residential Rent Review
The September REINZ Residential Rent Review is now available here.
Stuck on something? Check out our information sheets!
Click here for our Information Sheets on:
- Insulation
- Healthy Homes Standards
- Privacy Act Guidance
- Asbestos
- Mould and Dampness in rental properties
Keep an eye out for the following Information Sheet that will be coming soon:
- Residential Tenancies Amendment Act 2019
Any questions/suggestions you have, feel free to contact advisory@reinz.co.nz
Finding the right tenant - what can I collect when someone applies?
