Latest news with #AndrewSmith
West Australian
3 hours ago
- Business
- West Australian
Mandatory professional carpet cleaning in Tasmanian rent agreements ruled invalid
Renters have walked away with a win after a recent bond dispute over a 'small yellow stain' ended with a ruling a tenant is not necessarily required to have the carpet professionally cleaned when vacating. The Residential Tenancy Commission (RTC) ruled Tasmanian tenants are only required to get on the tools if they leave the carpet in a worse state than when they began their lease. It is understood the requirement appears in rental contracts 'all the time' as it is in the standard lease agreement provided to landlords by the Real Estate Institute of Tasmania. The finding by the RTC reads: 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations.' The Tenants Union of Tasmania represented the tenant regarding the Burnie property. It said this was the first definitive ruling on the matter and was a legally enforceable decision. 'It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid,' Tenants Union senior solicitor Andrew Smith told ABC News. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided,' he added. 'It is in the standard Real Estate Institute lease that almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases.' The case which led to the historic ruling was regarding a 'small yellow stain' on the carpet of one of the bedrooms – which was not recorded in the ingoing condition report at the start of the lease. No other photos of the carpet's condition were provided at the end of the lease period, with the commissioner ruling the tenant was only responsible for the cleaning of that one stain. 'Given the stain in question is very small … the owner is awarded $25 for carpet cleaning.' The Real Estate Institute of Tasmania has been contacted for comment.
Perth Now
3 hours ago
- Business
- Perth Now
Huge call on hated rental rule
Renters have walked away with a win after a recent bond dispute over a 'small yellow stain' ended with a ruling a tenant is not necessarily required to have the carpet professionally cleaned when vacating. The Residential Tenancy Commission (RTC) ruled Tasmanian tenants are only required to get on the tools if they leave the carpet in a worse state than when they began their lease. It is understood the requirement appears in rental contracts 'all the time' as it is in the standard lease agreement provided to landlords by the Real Estate Institute of Tasmania. The finding by the RTC reads: 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations.' It is understood the requirement appears in rental contracts 'all the time' as it is in the standard lease agreement provided to landlords by the Real Estate Institute of Tasmania. Credit: News Regional Media The Tenants Union of Tasmania represented the tenant regarding the Burnie property. It said this was the first definitive ruling on the matter and was a legally enforceable decision. 'It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid,' Tenants Union senior solicitor Andrew Smith told ABC News. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided,' he added. The case which led to the ruling was over a 'small yellow stain' on the carpet of one of the bedrooms in a Burnie property. NewsWire / Andrew Henshaw Credit: News Corp Australia 'It is in the standard Real Estate Institute lease that almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases.' The case which led to the historic ruling was regarding a 'small yellow stain' on the carpet of one of the bedrooms – which was not recorded in the ingoing condition report at the start of the lease. No other photos of the carpet's condition were provided at the end of the lease period, with the commissioner ruling the tenant was only responsible for the cleaning of that one stain. 'Given the stain in question is very small … the owner is awarded $25 for carpet cleaning.' The Real Estate Institute of Tasmania has been contacted for comment.
News.com.au
4 hours ago
- Business
- News.com.au
Mandatory professional carpet cleaning in Tasmanian rent agreements ruled invalid
Renters have walked away with a win after a recent bond dispute over a 'small yellow stain' ended with a ruling a tenant is not necessarily required to have the carpet professionally cleaned when vacating. The Residential Tenancy Commission (RTC) ruled Tasmanian tenants are only required to get on the tools if they leave the carpet in a worse state than when they began their lease. It is understood the requirement appears in rental contracts 'all the time' as it is in the standard lease agreement provided to landlords by the Real Estate Institute of Tasmania. The finding by the RTC reads: 'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations.' The Tenants Union of Tasmania represented the tenant regarding the Burnie property. It said this was the first definitive ruling on the matter and was a legally enforceable decision. 'It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid,' Tenants Union senior solicitor Andrew Smith told ABC News. 'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided,' he added. 'It is in the standard Real Estate Institute lease that almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases.' The case which led to the historic ruling was regarding a 'small yellow stain' on the carpet of one of the bedrooms – which was not recorded in the ingoing condition report at the start of the lease. No other photos of the carpet's condition were provided at the end of the lease period, with the commissioner ruling the tenant was only responsible for the cleaning of that one stain. 'Given the stain in question is very small … the owner is awarded $25 for carpet cleaning.'
ABC News
6 hours ago
- Business
- ABC News
Requirement for professional carpet cleaning at end of lease ruled invalid in Tasmania
Tasmanian tenants are not necessarily required to have their carpets professionally cleaned when they vacate their rental property, despite "almost all" leases saying they are, a ruling has found. In a recent bond dispute regarding a Burnie property, the Residential Tenancy Commissioner found the tenant is only required to have the carpet professionally cleaned if they leave it in a worse state than when they began their lease. "A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations," it states. The Tenants Union of Tasmania, which represented the tenant, said this was the first definitive ruling on the matter and was a legally enforceable decision. "It really shines a light that a blanket clause in standard tenancy agreements that says you have to have premises professionally cleaned is invalid," Tenants Union senior solicitor Andrew Smith said. "A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that. Mr Smith said despite the ruling, the condition to have carpets professionally cleaned was appearing in leases "all the time", as it was in the standard lease provided to landlords by the Real Estate Institute of Tasmania. "It is in the standard Real Estate Institute lease almost all real estate agents will use and a lot of private landlords will choose to use, even some social housing providers are using these leases," he said. The Real Estate Institute of Tasmania has declined to comment. In the case that led to this ruling, the Residential Tenancy Commissioner said the owner had provided a photo of a "small yellow stain on the carpet of one of the bedrooms, which was not recorded in the ingoing condition report". But no other photos had been supplied showing the condition of the carpet at the end of the tenant's lease. Hence, the commissioner said the tenant was only responsible for the cost of cleaning that one stain. "I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up," the ruling states. "The owner is awarded $25 for carpet cleaning." The case also dealt with the cost of fumigating the property, given the tenant had a pet. The tenant had argued the same principle should apply to fumigation as carpet cleaning, but the commissioner took a different view. "While I understand they seem similar in nature, carpet cleaning is predominantly cosmetic and the requirement can be determined based on outgoing photographs," the ruling says. "Fumigation is considered a necessary measure to return the property to a hygienic state and remove pests, dander and other allergens associated with pets in the premises. "Therefore, I am satisfied that a requirement for fumigation at the end of a tenancy is reasonable and is not inconsistent with the [Residential Tenancy] Act." The Tenants Union said it did not agree entirely with the commissioner's interpretation of the law. "We think it's a similar issue and that clauses requiring professional fumigation unconditionally are also invalid if they're not required by the condition of the premises," Mr Smith said. "Say if the tenant had a dog that always stayed outside or simply a fish in a fish tank, why is a tick and flea spray required inside the premises?"
Yahoo
6 days ago
- General
- Yahoo
16-year-old killed, another injured in Atlanta shootout
The Brief A 16-year-old boy was killed and another teen wounded in a shootout following an altercation between two groups of juveniles in southwest Atlanta. The deceased teen was found unresponsive with a gunshot wound, while the other teen was wounded in the buttocks and transported to the hospital in stable condition. Police are investigating the incident, including potential gang involvement, and are reviewing surveillance footage and interviewing witnesses. ATLANTA - A 16-year-old boy was killed and another teen wounded in a shootout between two teenagers following an altercation Wednesday evening in southwest Atlanta, authorities said. The shooting happened shortly after 8 p.m. in the 1100 block of Campbellton Road SW near the intersection of Oakland Drive. What we know According to the Atlanta Police Department, officers found one 16-year-old male with a gunshot wound. He was unresponsive and was pronounced dead at the scene by medical personnel, police said. A second 16-year-old boy was also located at the scene with a gunshot wound to the buttocks. He was alert, conscious and breathing when he was transported to Grady Memorial Hospital in stable condition. Both teens reportedly lived along the same street, but investigators have not disclosed what led to the initial confrontation. What they're saying According to Atlanta Police Homicide Commander Andrew Smith, the shooting occurred after an altercation between two groups of juveniles. "One was shot. The one that was shot then produced a handgun, returning fire, striking and killing the decedent," Smith told reporters during a briefing at the scene. What we don't know Police said they are still working to determine whether the shooting was gang-related, though gang investigators were on site. Smith also said detectives were interviewing witnesses and reviewing surveillance video to piece together the circumstances. The investigation remains ongoing. The Source The Atlanta Police Department provided the details for this article.
