Latest news with #ResidentialTenancyCommission
Daily Mail
3 days ago
- General
- Daily Mail
Major victory for renters after hated rule is revoked for millions of Aussies
Renters in Tasmania will no longer need to pay to get their carpets professionally cleaned when vacating a rental following a court battle over a 'small yellow stain'. A 'blanket' clause requiring tenants to get their carpets cleaned at the end of a lease was previously commonplace in contracts for rentals in Tasmania. It had not been legally tested but was protected by the Real Estate Institute of Tasmania (REIT) until a court dispute saw the clause recently overruled. The Residential Tenancy Commission (RTC) ruled carpets would only have to be professionally cleaned at the expense of the exiting tenant if they were found to be in a worse condition than they were at the start of the lease. The ruling came after the Tenants Union of Tasmania (TUT) represented a renter from Burnie, on the island's north coast, after part of their bond was withheld in order to pay for all the carpets in their rental to be professionally cleaned. It came after their landlord found a 'small yellow stain' on the bedroom carpet. The stain had not been recorded in the condition report and no other photos were supplied of any damage to the other carpets in the home. The RTC found the tenant was only responsible for the cost of cleaning the single stain and awarded their landlord $25 for cleaning. 'I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up,' the ruling stated. 'The owner is awarded $25 for carpet cleaning.' The RTC went even further, declaring tenants will no longer have to pay for professional carpet cleaning at the end of a residential tenancy. '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 commission ruled. Tenants Union senior solicitor Andrew Smith told the ABC the ruling made the 'blanket clause' requiring carpets to be professionally cleaned 'invalid'. '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,' he said. 'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided.'
West Australian
3 days 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 days 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
3 days 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
3 days 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?"
