What do you really have to do for a rental inspection?
· RNZRoutine rental inspections can seem like an inconvenience. Every three months or so, tenants will need to worry about how clean the place they're renting needs to be to pass the grade.
Is the landlord or property manager going to open the wardrobes and cupboards? Will I be forced to pay for that worn-out carpet which was old anyway?
While these check-ups may feel annoying, they can help protect the tenant from unfair claims at the end of a tenancy, says Ray White business development manager Jessica Currie, who has 15 years of experience in Auckland property management.
On the other hand, Renters United spokesperson Zanian Steele says some landlords do not understand the laws and obligations, in particular 'mum and dad landlords', or those renting out a granny flat.
Here's what you need to know about what the landlord or property manager can and can't ask of you:
What is expected at a rental inspection?
At a property inspection, the landlord or property manager is checking if the place is reasonably clean and tidy, that there is no damage to the property, and any appliances and furnishings that come with the rental are working.
Property management company Crockers' senior team leader Renita Singh says ensuring the property is in a "good, tidy, clean" condition is enough.
Steele says a house doesn't need to be "hotel tidy" during routine inspections, because property managers need to have a realistic and reasonable expectation of someone living and using the house. For example, complaints about a few charred bits of pastry lying at the bottom of your oven or slightly dusty tabletops are not reasonable complaints, he says.
But the standards of being clean and tidy can be higher when leaving a property, he says.
Other unrealistic expectations would be to wash and iron curtains, for example, the Citizen's Advice Bureau says.
Landlords may photograph the property and refer to an inspection report they conducted at the start of a tenancy agreement to discuss any damage or issues that have come up. While they can photograph the rooms, they should not be taking photos of the tenants or personal items, where possible, unless those items are a breach of the tenancy agreement, the CAB says.
"When we take photos we try and avoid taking photos of personal belongings," Singh says. "But we do ask our tenants, 'we'll be coming there such and such day ... we'll be taking photos of the interior of the property, if you want to remove anything, please do before we come'... but we do try and avoid taking photos of family photos and things like that."
A rental inspection is also a chance for the tenant to raise any issues or maintenance problems with the property manager.
How much notice should they be giving?
Tenancy Services, which provides information to tenants and landlords on their rights and responsibilities, says inspections can happen between 8am and 7pm for rental properties, and between 8am and 6pm for boarding houses.
The maximum frequency for inspections is once every four weeks.
A tenant must be given at least 48 hours' notice before the inspection. With the appropriate notice given, the landlord is entitled to inspect the property when the tenant isn't at home.
Who is responsible for the gardens and the exterior?
Ray White's Jessica Currie says gutter cleaning, exterior house washes and roof cleaning or maintenance are expected to be carried out at the cost of the landlord.
"In relation to the gardens, it depends on the tenancy, but generally speaking, tenants are responsible for lawns and gardens, but it's gardens within reason.
"If you've got substantial gardens ... if there's a lot of hedges at a rental property, the tenants are not expected to trim those. It actually comes down to a landlord to maintain trees and hedging."
Crocker's Renita Singh agrees exterior cleaning, including decks, is generally the responsibility of the landlord.
"However, for example, tenants would be asked to clean the balconies or deck if it was caused by the tenant, so for example, if they had a barbecue out on the deck and the oil and grease has led to that, they will be asked to clean that."
Can they open cupboards and wardrobes? And why would they?
Currie says they do open cupboards and wardrobes to check, for example, there are no leaks under kitchen sink or in bathroom cupboards.
"And same as like a wardrobe backed onto like a bathroom or something, you'd quite often open that door just to check there's no leaking through the wall or there's no dampness or any issues you need to be aware of. So that's the only reason why we do that. It's not to breach anyone's privacy. It's just to check that you know there's no issues with any leaking or any problems."
The CAB says it is reasonable for property managers or landlords to check the backs of cupboards or wardrobes for dampness, leaks or mould.
"It is less likely to be reasonable if they are just wanting to see what's in the cupboards.
"If it is a cupboard or wardrobe that contains the tenant's personal belongings it would be important to let them know in advance so they can choose whether to remove items or cover them up. This is about respecting the fact that while it may be the landlord's property, it is the tenant's home."
Do I have to get a professional clean done?
The CAB says tenants do not have to do professional cleaning for a property inspection, even when their lease ends. But a landlord can deduct bond money for cleaning costs if, at the end of a lease, tenants don't leave it in a "reasonably clean" and tidy state and remove any rubbish.
Tenancy agreements may include a clause to say a tenant must pay for professional cleaning when they leave the property or that bond will be deducted for professional cleaning, but the CAB notes tenants do not have to pay this and the Tenancy Tribunal would not enforce it.
Importantly, this only applies if the tenancy agreement is under the Residential Tenancies Act. It could be void if you are flatting, in a private board or living in the same house as the landlord.
What is considered 'wear and tear'? Who should pay to repair?
A tenant is not responsible for "fair wear and tear" to the property or any chattels provided by the landlord when they use them normally, Tenancy Services says.
Examples of what is usually considered fair wear and tear include a stove element wearing out from cooking, flooring getting worn, taps and washers wearing out or leaking, minor stains on carpets from you walking on it, and door handles and window latches breaking after normal use.
However, the tenant is responsible for any intentional or careless damage. Cases where the tenant may be held liable include abnormal use of the cooktop, such as for heating the kitchen, burn marks or stains on carpet, and drawings on wallpaper.
For more details on the cost of repairs, see the Tenancy Service's website.
My landlord and I can't agree on 'fair wear and tear' or cleanliness - what do I do?
Renters United's Zanian Steele says understanding your rights, the law and having conversations with your property manager or landlord are important.
In addition, tenants should take note of the age of the chattels provided by landlords when they move into a house, so they can raise their concerns if they appear to need replacement, he says.
Currie says it is important for tenants to email the landlord or property manager as soon as they notice any issues about the property, with photos, instead of waiting for months between inspections.
"If nothing is actioned and further damage occurs, like you just keep noting it down with photos and continue to send it through, because at the end of the day, as a tenant, you need to provide evidence that when you noticed the damage you've actually reported it.
"If they [landlord] don't choose to action it immediately, and then it gets worse, well then the tenant can say, 'well, I told you three months ago on this day and time, here's the photos, here's an email of what was happening'."
If talking to your property manager and landlord does not resolve any dispute you have, you can try seeking advice from the Citizens Advice Bureau or apply to the Tenancy Tribunal.
My landlord never does inspections, should I be worried?
Yes, it does raise risks, Currie says. As annoying as routine rental inspections can be, they can also protect tenants from any unfair claims.
"If the tenant has been living there for three years and the owner hasn't been through during that time then he comes back three years and says 'well, now this is a problem', you know, it's not fair on the tenant.
"Over a period of time, like fair wear and tear does happen, depreciation on chattels and things occurs, and we have seen instances where private landlords have gone through after a tenancy and tried to claim everything back off the tenants, which is actually not things that they'd be liable for at all."
Routine inspections also fulfil a requirement of most house insurance policies, she says.
"Most insurance policies state you have to do routine inspections every three months. There are a couple of insurance policies that state once every six months but majority, it's every three months you should be going to your property to do an inspection and taking photos as well."
The CAB agrees that regular inspections allow landlords to see the realities of wear and tear over time, so that there are no surprises at the end of the tenancy.
Singh says routine inspections can also pick up on issues that the tenants might have missed, too.