Can i ask my tenants to steam clean the carpet?

Discussion in 'Property Management' started by MyDarlinghurst, 29th Jan, 2018.

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  1. sanj

    sanj Well-Known Member Premium Member

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    They already have the stick of old mate as their landlord, might be worth trying carrot
     
    sanj, 1st Feb, 2018
    #21
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  2. sanj

    sanj Well-Known Member Premium Member

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    :eek: you aren't suggesting less speculation and more factual based discussion are you??
     
    sanj, 1st Feb, 2018
    #22
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  3. sanj

    sanj Well-Known Member Premium Member

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    What the hell? Sorry @datto no idea where that first quote came from, I must've briefly forgotten someone who braggee about his mate spitting on the carpet of a property they saw for sale is complaining about his tenant not respecting his carpet

    Good old darlo is making me miss fully lucky
     
    sanj, 1st Feb, 2018
    #23
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  4. Simon Hampel

    Simon Hampel Founder Staff Member

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    This is what @Terry_w was trying to point out ... it's not a breach of lease conditions in NSW given that you explicitly are not allowed to include the requirement to have carpets professionally cleaned as part of the lease (unless there is also permission to keep an animal):

    RESIDENTIAL TENANCIES ACT 2010 - SECT 19 Prohibited terms
    RESIDENTIAL TENANCIES ACT 2010 - SECT 19
    Prohibited terms
    19 PROHIBITED TERMS
    • (1) A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
    • (2) Terms having the following effects must not be included in a residential tenancy agreement:
    • (a) that the tenant must have the carpet professionally cleaned, or pay the cost of such cleaning, at the end of the tenancy,
    • (b) that the tenant must take out a specified, or any, form of insurance,
    • (c) exempting the landlord from liability for any act or omission by the landlord, the landlord's agent or any person acting on behalf of the landlord or landlord's agent
    • (d) that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,
    • (e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit.
    • Note : Section 15 also prohibits certain additional terms from being included in a residential tenancy agreement for which a standard form is prescribed.
    ​
    • (3) However, a residential tenancy agreement may include a term that requires the carpet to be professionally cleaned or requires the tenant to pay the cost of such cleaning, at the end of the tenancy, if the landlord permits the tenant to keep an animal on the residential premises.
    ​
    I think it is completely reasonable to expect the carpets to be clean (as in, vacuumed), but beyond that, it would come down to a matter of whether the condition of the carpet constitutes fair wear and tear - and I don't know how the tenancies tribunal responds to that kind of issue in NSW.

    Personally, I would consider mud and serious staining or damage to be problematic things which require attention.
     
    Simon Hampel, 1st Feb, 2018
    #24
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  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Yep agree. You cant stipulate how they do this. They can get one of those things at Coles if it works or just vacuum thats up to them..No need for steam, dry clean or specified methods of cleaning. If they vacate and its not clean etc then its possibly a bond issue. My PM for a property in NSW encourages the tenants to consider having carpets cleaned themselves or a pro (how they like when property is fully vacant) so that condition and cleanliness cant be disputed.

    I had one tenant leave and the carpet seemed REALLY clean. They had a issue of some sort it seems and had it replaced without mention on day they left. No problem as the colour/quality seemed OK.

    Inspection at entry and exit should be tied to condition of carpets.
     
    Paul@PAS, 9th Feb, 2018
    #25
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