Do I need to pay to have carpet replaced?

Discussion in 'Property Management' started by Mr. Miyagi, 18th Mar, 2016.

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  1. D.T.

    D.T. Specialist Property Manager Business Member

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    Sure, it comes under a couple of different areas:
    1) Residential Tenancy Act specifies that property must be in a reasonable condition and reasonable state of cleanliness. What "reasonable" means is up for interpretation, but doesn't include professional cleaning of any kind, let alone steam cleaning.
    2) Contracting outside of the Act. You can't put anything in a contract that contravenes what any Act says.

    The NSW Act is quite specific on this here: RESIDENTIAL TENANCIES ACT 2010 - SECT 19 Prohibited terms but the others all infer it.

    SA matter dicussed on Somersoft here:
    Having a clause to have carpets professionally cleaned is illegal - Somersoft Property Investment Forums
     
  2. jim1964

    jim1964 1941

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    I have professional carpet cleaning in all my leases,steam is really old news though, there are far better alternatives, and the vacating tenant has never once challenged me on this, its a given in my opinion that they are handed over hygienically cleaned.
     
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  3. markson

    markson Well-Known Member

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    In NSW:

    (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.
     
  4. D.T.

    D.T. Specialist Property Manager Business Member

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  5. TMNT

    TMNT Well-Known Member

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    um, I dont think its been asked but, is it a stain or damage from the carpet cleaning machine?
     
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  6. Azazel

    Azazel Well-Known Member

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    Maybe in SA, OP didn't state which, um, state.
    I don't think they can just cross it out at the end either.
     
  7. D.T.

    D.T. Specialist Property Manager Business Member

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    Every state.
    And should have at the beginning.
     
  8. dabbler

    dabbler Well-Known Member

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    I would say no, however this is the sort of pain the a that landlords hate, as it seems the carpet was not too old or daggy, now they are up for money when it should not be.

    I do not know how they work it out, but by the look of that carpet I would be wanting a chunk paid for.

    Let people do experiments on own home :)
     
  9. Azazel

    Azazel Well-Known Member

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  10. D.T.

    D.T. Specialist Property Manager Business Member

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    Silly Queenslanders like being exceptions :p
    Only if they were cleaned beforehand though, so that you return them to the state you found them in. They can't make you use a particular company.
     
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  11. Random Username

    Random Username Well-Known Member

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    Consumer Affairs Victoria

    7 May 2013·
    Do I have to steam clean the carpets when leaving my rental property?

    If you have looked after the carpet and left it clean, your landlord does not have an automatic right under Victoria’s residential tenancy laws to demand professional cleaning.

    However, a tenant must abide by the conditions of the lease that they signed – it is a legal contract. If it requires the tenant to have the carpet professionally cleaned at the end of the lease, the tenant must do so or risk legal action for breach of contract.

    Renting - Consumer Affairs Victoria

    Renting - Consumer Affairs Victoria
    Information if you live in or own a rental property, caravan park, rooming house or movable dwelling.
    CONSUMER.VIC.GOV.AU
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    Consumer Affairs Victoria
    We recommend that prospective tenants check and are familiar with the terms of a lease before signing it. A lease can include additional terms and conditions, provided they do not remove the rights and duties included in the Residential Tenancies Act 1997.

    If a tenant wants to challenge a lease term or condition, they can make an application to VCAT seeking a determination.
    Like·Reply·9 May 2013 at 17:24
     
  12. Mr. Miyagi

    Mr. Miyagi Active Member

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    Damage from steam cleaner (which, by the way, is designed for use on carpet!)
     
  13. Scott No Mates

    Scott No Mates Well-Known Member

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    Malicious damage imho - put it back on your sister to cough up?

    Who in their right minds buys a steam cleaner for home - menial task, get someone else to do it.
     
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  14. TMNT

    TMNT Well-Known Member

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    ive never done it myself,
    however is it because too much steam was applied and that its become a water stain?

    shouldnt this dry out?
     
  15. jim1964

    jim1964 1941

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    Its not even steam, its hot water, and should be referred to as hot water extraction, and whats probably happened is the pressure was too high,wetting the underlay,slab, floorboards or sub floor and it has wicked up as its dried out.
     
  16. Mr. Miyagi

    Mr. Miyagi Active Member

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    Guys - too much sidetracking here.

    The question remains - how much compensation is the LL entitled to, given the age of the carpet and the replacement cost of $850?
     
  17. TMNT

    TMNT Well-Known Member

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    if its water shouldnt the stain disappear when it dries out?

    or do I simply have no idea?

    not at all, if its going to dry out, then you dont need compensation

    we are trying to help you
     
  18. Mr. Miyagi

    Mr. Miyagi Active Member

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    Good point, and I wish it were true - however the carpet was cleaned by my sister approx 6 months ago. It's definitely not moist carpet; the carpet was damaged.
     
  19. D.T.

    D.T. Specialist Property Manager Business Member

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    Its up to you to negotiate. Remember they're trying to get the maximum and you're trying to pay the minimum.

    ATO has effective life / depreciation on carpets over 10 years, so 10% per year. So you could say $850 new, worth $765 after 1 year. Presume say 50% the carpet area is damaged at $382.50.

    They might counter offer that.

    Agent or you could take it to tribunal and let them decide. They might come up with more or less depending on who presents best argument or how the sitting member is feeling on the day.
     
  20. jim1964

    jim1964 1941

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