As a landlord in New Zealand, maintaining a clean and safe rental property between tenancies is not just good practice—it’s the law. Section 45(1)(a) of the Residential Tenancies Act 1986 (RTA) requires landlords to provide the property in a “reasonable state of cleanliness” before a new tenant moves in. This is important, as tenants should not be burdened with cleaning up after previous occupants.
Failure to meet these obligations can lead to serious consequences, including exemplary damages of up to $7,200 if the landlord intentionally neglects this responsibility. A recent Tenancy Tribunal case highlighted a situation where a landlord allowed tenants to move into a property that wasn’t sufficiently clean, resulting in a ruling against the landlord.
Allowing Sufficient Time for Maintenance
To avoid these pitfalls, landlords should allocate enough time between tenancies to clean and perform any necessary maintenance. Trying to squeeze in tenants back-to-back without a proper gap often leads to disputes and breaches of the RTA. As seen in some cases, rushing this process can compromise the tenant’s right to quiet enjoyment, and lead to maintenance or cleaning being done after the new tenants have already moved in, which is deemed unreasonable.
What Tenants Are Responsible For
On the flip side, tenants also have a duty to leave the property in a “reasonably clean and tidy condition” at the end of their tenancy. This means they must ensure that all personal belongings and rubbish are removed and that the premises are cleaned to a reasonable standard. However, they are not required to leave the property in pristine condition.
Both landlords and tenants must understand these responsibilities to avoid disputes and ensure a smooth transition between tenancies. Clear communication and a reasonable gap between tenancies for cleaning and repairs will go a long way in maintaining a positive landlord-tenant relationship.
The Importance of Clear Communication
To ensure that both parties meet their obligations, clear communication is key. Landlords should discuss expectations with tenants before the tenancy ends, outlining specific cleaning tasks or necessary repairs. This helps prevent any confusion or misunderstandings. By providing written guidelines on what constitutes a “reasonably clean and tidy” state, landlords can reduce the likelihood of disputes and ensure a smooth transition between tenancies.
Thinking Ahead
Remember that not only is this your rental investment, it is also your asset that you want to ensure maintains its value and attracts good tenants. We often say to our owners, it best to keep your property in a condition that attracts the best tenants and a good market rent. That way, not only do you get the best from your investment while you are renting it, one day when you go to sell, you have an asset that has maintained its market value.
At First National Platinum all we do is property management, ensuring your investment gets 100% of our attention. Contact Esme on 021 171 9537 or esme@fnplatinum.co.nz to discuss your property management requirements.
