Rental inspections in New Zealand are a crucial part of the tenancy process, designed to protect both landlords and tenants. Understanding your rights and responsibilities surrounding these inspections is essential for a smooth and fair tenancy. This article provides a comprehensive guide to rental inspections, covering everything from legal obligations to practical tips for tenants in New Zealand.
What Are Rental Inspections?
Rental inspections are periodic checks of a property conducted by the landlord or property manager during a tenancy. These inspections aim to assess the condition of the property, ensure it’s being maintained appropriately, and identify any necessary repairs or maintenance. Think of it as a health check for your rented house or apartment.
Types of Rental Inspections
Different kinds of inspections happen at different stages of the tenancy:
Entry Inspection (also known as a Property Condition Report): This is the most critical inspection. Conducted at the start of the tenancy, it documents the property’s condition before you move in. This report serves as the baseline for comparison at the end of the tenancy. It should be incredibly detailed and include photos and notes about even minor imperfections.
Routine Inspections: These are carried out during the tenancy at regular intervals. They allow the landlord or property manager to monitor the property’s condition and address any issues promptly.
Exit Inspection: This inspection takes place after you move out. The landlord compares the property’s condition to the entry inspection report to determine if any damage has occurred beyond fair wear and tear.
Your Rights and Responsibilities as a Tenant
As a tenant in New Zealand, you have specific rights and responsibilities concerning rental inspections, governed primarily by the Residential Tenancies Act 1986. Ignoring these can lead to disputes and unnecessary headaches.
Right to Notice
Landlords must provide you with at least 48 hours’ notice (but not more than 14 days) before conducting a routine inspection. This notice must state the reason for the inspection and its date and time. This isn’t just a courtesy; it’s the law. You have the right to refuse entry if proper notice wasn’t given. The notice can be delivered personally, by mail, or electronically (if you’ve agreed to receive notices this way).
Right to Be Present
You have the right to be present during the inspection. It’s highly advisable to exercise this right. Being present allows you to ask questions, point out existing issues, and ensure the inspection is conducted fairly. If you can’t be there yourself, you can nominate someone to represent you.
Right to Privacy
While the landlord has the right to inspect their property, they can’t be intrusive. Inspections should be conducted at reasonable times and in a respectful manner. They can’t rummage through your belongings or open closed drawers or cupboards unless there’s a valid reason (e.g., suspicion of illegal activity, which would likely involve the police).
Responsibility to Maintain the Property
You are responsible for keeping the property reasonably clean and tidy and for not causing or permitting any damage (beyond fair wear and tear). This doesn’t mean you have to perform major repairs, but you are expected to take care of the property as if it were your own. This includes tasks like keeping the property ventilated to prevent mold, promptly cleaning up spills, and notifying the landlord of any necessary repairs. The definition of “reasonably clean and tidy” is subjective, but it generally means the property shouldn’t be excessively dirty or cluttered.
Responsibility to Report Damage
You must promptly inform the landlord of any damage or necessary repairs, especially if it affects the habitability of the property (e.g., a leaking roof, a broken window). Failure to report damage can result in you being held liable for further damage that occurs as a result of the initial problem. The communication should ideally be in writing (email is perfectly acceptable) to have a record of the report.
Your Rights and Responsibilities: A Practical Scenario
Imagine your landlord wants to conduct a routine inspection. They email you on Monday afternoon, stating they’ll be there on Wednesday morning at 10 AM. They’ve met the 48-hour notice requirement. You decide you want to be present. On Wednesday morning, the landlord arrives. They begin the inspection, focusing on checking for leaks under sinks and looking for signs of mold. They also ask if there have been any issues with the plumbing or electrical systems. You haven’t noticed any problems and answer honestly. The inspection is conducted respectfully and efficiently. This is an example of a routine inspection conducted properly.
Now, suppose the landlord arrives without any notice. This is a violation of your rights under the Residential Tenancies Act. You can politely refuse entry and remind them of the required notice period. If they persist, you can contact Tenancy Services for advice and guidance.
Entry Inspection: The Cornerstone of a Fair Tenancy
The entry inspection is arguably the most important aspect of rental inspections. A thorough and accurate entry inspection report protects both you and the landlord.
What Should Be Included in the Entry Inspection Report?
The entry inspection report should be incredibly detailed. It should document the condition of every room, including:
Walls: Note any marks, scratches, dents, or imperfections.
Floors: Note any stains, scratches, or damage to carpets, tiles, or wooden floors.
Ceilings: Look for water stains, cracks, or peeling paint.
Windows and Doors: Check for cracks, broken glass, or issues with locks and handles.
Appliances: Test all appliances (oven, stove, dishwasher, washing machine, etc.) and note any issues. Document existing scratches, dents, or malfunctioning parts.
Fixtures and Fittings: Check the condition of light fixtures, curtains, blinds, and other fixtures.
Gardens and Outdoor Areas: Note the condition of lawns, gardens, fences, and outdoor furniture (if provided).
Cleanliness: Document the cleanliness of the property at the start of the tenancy.
The Importance of Photos and Videos
Words alone are often insufficient to accurately capture the condition of a property. Take plenty of photos and videos during the entry inspection. These visual records can be invaluable in resolving disputes at the end of the tenancy. Make sure the photos and videos are dated and clearly labeled. Ensure that the photos are clear, well-lit, and accurately reflect the condition of the property.
Going Through the Report with the Landlord
Ideally, the entry inspection should be conducted jointly with the landlord or property manager. This allows you to point out any issues and ensure they are documented in the report. Don’t hesitate to ask questions and raise concerns. If you disagree with something in the report, make sure your concerns are noted. Both you and the landlord should sign and date the report, acknowledging that you both agree with its contents (or the documented disagreements).
What Happens if You Don’t Agree with Something?
If you disagree with something in the entry inspection report, don’t just sign it and hope for the best. Write down your concerns on the report itself or in a separate written statement. Keep a copy of this statement for your records. If you can’t reach an agreement with the landlord, you can contact Tenancy Services for advice. It’s crucial to address any disagreements at the beginning of the tenancy to prevent problems later on.
What Happens If the Landlord Doesn’t Provide an Entry Inspection Report?
If the landlord doesn’t provide an entry inspection report, you should create your own detailed report, including photos and videos. Send a copy to the landlord via registered mail or email (keeping a copy for your records). This proactively protects you when you move out. While the landlord is legally obligated to provide a report, creating your own ensures you have documented the property’s condition at the start of your tenancy.
Routine Inspections: What to Expect
Routine inspections are generally less stressful than entry or exit inspections. However, it’s still important to understand your rights and responsibilities.
Frequency of Routine Inspections
The Residential Tenancies Act doesn’t specify a maximum frequency for routine inspections. However, inspections must be reasonable. Conducting inspections every week, for example, would likely be considered excessive and a violation of your right to quiet enjoyment of the property. A common and generally accepted frequency is every 3-6 months. If you feel the inspections are too frequent, discuss your concerns with your landlord. If you can’t come to an agreement, you can contact Tenancy Services for mediation.
What Landlords Look For During Routine Inspections
During routine inspections, landlords or property managers typically look for things like:
General cleanliness and tidiness: Is the property reasonably clean and tidy?
Damage: Has any damage occurred to the property (beyond fair wear and tear)?
Maintenance issues: Are there any leaks, mold, or other maintenance issues that need to be addressed?
Unauthorized alterations: Have any unauthorized alterations been made to the property?
Breaches of the tenancy agreement: Are there any breaches of the tenancy agreement (e.g., keeping pets without permission)?
Signs of illegal activity: While less common, landlords are obligated to look for these.
Preparing for a Routine Inspection
While you don’t need to deep-clean the property before a routine inspection, it’s a good idea to tidy up and ensure it’s reasonably clean. Make sure all areas are accessible. Report any maintenance issues to the landlord before the inspection. This shows that you’re taking responsibility for maintaining the property and allows the landlord to address any issues promptly.
What if the Landlord Finds an Issue?
If the landlord finds an issue during a routine inspection, they should discuss it with you and give you a reasonable timeframe to address it. For example, if they find that the property is not adequately ventilated and mold is starting to grow, they may ask you to improve the ventilation and clean the mold. They will likely follow up at the next inspection to ensure the issue has been resolved. If you disagree with the landlord’s assessment or believe the timeframe is unreasonable, discuss your concerns with them. Again, Tenancy Services provides dispute resolution services if you can’t reach an agreement.
Exit Inspection: The Final Assessment
The exit inspection is the final assessment of the property’s condition. It determines whether any bond money will be withheld to cover damage or cleaning costs.
Cleaning the Property
Before the exit inspection, you are responsible for cleaning the property thoroughly. The standard of cleanliness should be consistent with the condition of the property at the start of the tenancy, as documented in the entry inspection report. This often means professionally cleaning carpets and sometimes even getting the whole property professionally cleaned to meet the ‘end of tenancy’ obligations in your lease agreement. If the entry inspection report noted that the property was professionally cleaned, you will likely need to have it professionally cleaned at the end of the tenancy as well.
Fair Wear and Tear vs. Damage
A crucial concept to understand is the difference between “fair wear and tear” and “damage.” Fair wear and tear refers to the normal deterioration of the property due to reasonable use. For example, slight fading of paint over time or minor scuff marks on the floor would generally be considered fair wear and tear. Damage, on the other hand, refers to intentional or negligent acts that cause damage to the property. For example, a large stain on the carpet caused by spilling wine or a hole punched in the wall would be considered damage. You are not responsible for fair wear and tear, but you are responsible for damage.
A common example of fair wear and tear vs damage would be faded paint on a wall (fair wear and tear) versus crayon marks on the same wall (damage). The determination is subjective, and it is always best to document existing imperfections at the entry of the agreement and promptly report any damage as it happens to avoid confusion.
Disputing Bond Deductions
If the landlord intends to deduct money from your bond to cover damage or cleaning costs, they must provide you with written notice and evidence to support their claim (e.g., photos, invoices). You have the right to dispute these deductions. If you disagree with the landlord’s claim, you can apply to the Tenancy Tribunal for a hearing. The Tribunal will consider the evidence presented by both parties and make a decision. It’s crucial to have a detailed entry inspection report and to take photos and videos when you move out to support your case.
The Tenancy Tribunal process generally involves filing an application, paying a filing fee (which can vary), and attending a hearing where both parties present their evidence. The Tribunal’s decision is legally binding.
Landlord Responsibilities Regarding Inspections
While this guide primarily focuses on tenant rights and responsibilities, it’s important to briefly outline the landlord’s obligations as well.
Providing a Habitable Property
Landlords are legally required to provide a property that is clean, safe, and habitable. This means ensuring the property meets minimum housing standards and is free from hazards. This is an expectation of the lease, whether specified or not.
Maintaining the Property
Landlords are responsible for maintaining the property in a reasonable state of repair. This includes addressing issues like leaking roofs, broken windows, and faulty appliances. They are also responsible for pest control. Promptly addressing maintenance issues not only protects the property but also fosters a positive landlord-tenant relationship.
Respecting Tenant’s Rights
Landlords must respect tenants’ rights to privacy and quiet enjoyment of the property. They must provide proper notice before conducting inspections and cannot be intrusive or harass tenants.
Complying with the Residential Tenancies Act
Landlords must comply with all provisions of the Residential Tenancies Act, including those related to inspections, bond management, and dispute resolution. Ignorance of the law is not an excuse.
Tips for Renting an Apartment in New Zealand
Renting an apartment in New Zealand can be a straightforward process if you’re well-informed. Here are some practical tips to help you navigate the rental market:
Start your search early: The rental market in major cities like Auckland and Wellington can be competitive, especially during peak seasons (e.g., university semesters). Start your search well in advance of your move-in date. Use online platforms like Trade Me Property and realestate.co.nz to find available apartments.
Prepare your application: Landlords often require prospective tenants to complete an application form. Prepare all the necessary documents in advance, including a copy of your ID, proof of income (e.g., pay slips), and references from previous landlords or employers. Having these documents ready will make your application more attractive.
Attend viewings: Don’t rent an apartment sight unseen (unless absolutely necessary). Attend viewings to inspect the property thoroughly and ask questions about the tenancy.
Read the tenancy agreement carefully: Before signing the tenancy agreement, read it carefully and make sure you understand all the terms and conditions. If you have any questions or concerns, don’t hesitate to ask the landlord or property manager for clarification. Pay particular attention to clauses related to rent payments, bond requirements, and termination of the tenancy.
Take photos of the condition before moving in. As mentioned earlier, this can provide crucial evidence in the event of disputes regarding repairs or damage.
Consider location: Research the neighborhood before committing to an apartment. Consider factors like proximity to public transport, shops, schools, and other amenities. Use online resources like Google Maps and local council websites to learn more about the area. Some locations also have higher average contents insurance costs.
Understand your rights: Familiarize yourself with your rights and responsibilities as a tenant under the Residential Tenancies Act. This will empower you to advocate for yourself and ensure you are treated fairly.
Take out contents insurance: Contents insurance protects your personal belongings in case of theft, fire, or other damage. While the landlord is responsible for insuring the property itself, you are responsible for insuring your own possessions. Shop around for the best deals on contents insurance and choose a policy that provides adequate coverage for your needs. Rates are usually between $20-$50 a month for adequate apartment coverage.
Common Rental Issues and How to Address Them
Even with careful planning, rental issues can arise. Here are some common problems and potential solutions:
Repairs Not Being Done: If you’ve reported a maintenance issue to the landlord and they haven’t addressed it within a reasonable timeframe, send a written reminder. If the issue remains unresolved, you can apply to the Tenancy Tribunal for an order requiring the landlord to carry out the repairs.
Disputes Over Bond: If you disagree with the landlord’s deductions from your bond, attempt to negotiate a resolution. If you can’t reach an agreement, apply to the Tenancy Tribunal for a hearing.
Harassment or Intimidation: If you experience harassment or intimidation from your landlord, document the incidents and seek advice from Tenancy Services or a lawyer. In severe cases, you may be able to terminate the tenancy agreement.
Rent Increases: Rent increases are generally permitted, but landlords must provide proper notice (usually 60 days). The increase must also be reasonable, considering market rates for comparable properties. Note: The Government has introduced temporary measures in the past to curb excessive increases; it’s important to know the most recent laws. Contact rental services for up-to-date information.
Breach of Quiet Enjoyment: Landlords can only enter with 48 hours’ notice. If this is violated, speak to your landlord about the importance of following the proper laws.
Case Studies
Case Study 1: Preventing a Costly Cleaning Bill
Sarah rented an apartment and meticulously documented its condition in the entry inspection report, including photos of pre-existing carpet stains. When she moved out, the landlord attempted to charge her for professional carpet cleaning to remove these stains. Because Sarah had documented the stains in the entry report, she was able to successfully dispute the charge and avoid paying for cleaning that wasn’t her responsibility.
Case Study 2: Getting Essential Repairs Done
Mark reported a leaking roof to his landlord multiple times, but the landlord failed to take action. The leak worsened over time, causing damage to Mark’s belongings. Mark eventually applied to the Tenancy Tribunal, which ordered the landlord to repair the roof and compensate Mark for the damage to his belongings. While the process took time, the results were positive.
Case Study 3: Understanding Unreasonable Rent Increases
A tenant received notice of a rent increase that was substantially higher than comparable properties in their area. They researched the local rental market and presented evidence to the landlord that the increase was unreasonable. The landlord agreed to reduce the rent increase to a more reasonable level, saving the tenant a significant amount of money.
FAQ
Here are some frequently asked questions about rental inspections in New Zealand:
What happens if I refuse to allow an inspection after receiving proper notice?
While you have the right to quiet enjoyment of the property, refusing a properly noticed inspection can be a breach of your tenancy agreement. Landlords need access to inspect for maintenance and safety reasons. Refusal will likely lead to a discussion with your landlord and could escalate to the Tenancy Tribunal, where you would need to demonstrate a valid reason for the refusal. It’s generally better to cooperate and address any concerns you have with the inspection process directly.
Can my landlord enter the property without notice in an emergency?
Yes, a landlord can enter the property without notice in an emergency, such as a fire, flood, or other urgent situation that poses a risk to the property or the safety of occupants. However, the situation must genuinely constitute an emergency.
Am I responsible for damage caused by a natural disaster (e.g., earthquake, flood)?
Generally, you are not responsible for damage caused by a natural disaster as it is typically considered neither intentional nor negligent. Landlord’s insurance should cover the cost. However, you are still responsible for protecting your belongings and taking reasonable steps to minimize damage. It is also your responsibility to inform the Landlord in a timely manner.
What if my landlord uses photos taken during an inspection without my consent?
The use of photos taken during an inspection depends on the context and the purpose for which they are used. If the photos are used for legitimate purposes related to the tenancy (e.g., documenting damage, showing the condition of the property to prospective tenants), it is generally considered acceptable. However, using the photos in a way that violates your privacy or is otherwise inappropriate could be a breach of your rights. Seek legal advice if you believe your privacy has been violated.
Where can I find the most up-to-date information on tenancy laws in New Zealand?
The best source for up-to-date information on tenancy laws in New Zealand is the Tenancy Services website. This website provides detailed information about the Residential Tenancies Act, as well as resources and tools for landlords and tenants. You can also contact Tenancy Services directly for advice and guidance.
What if my landlord is selling the property I’m renting?
If your landlord decides to sell the property, your tenancy agreement generally remains in effect. The new owner takes on the responsibilities of the landlord. You have the right to continue living in the property until the end of your fixed-term tenancy. For periodic tenancies, the landlord must give you proper notice (usually 90 days) to terminate the tenancy. Potential buyers may want to view the property, and you must allow reasonable access, but the landlord must still provide you with 48 hours’ notice. Check your tenancy agreement for specific clauses related to selling, as some leases are written to accomodate this scenario.
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Rental inspections in New Zealand are a crucial part of the tenancy process, designed to protect both landlords and tenants. Understanding your rights and responsibilities surrounding these inspections is essential for a smooth and fair tenancy. This article provides a comprehensive guide to rental inspections, covering everything from legal obligations to practical tips for tenants in New Zealand.
What Are Rental Inspections?
Rental inspections are periodic checks of a property conducted by the landlord or property manager during a tenancy. These inspections aim to assess the condition of the property, ensure it’s being maintained appropriately, and identify any necessary repairs or maintenance. Think of it as a health check for your rented house or apartment.
Types of Rental Inspections
Different kinds of inspections happen at different stages of the tenancy:
- Entry Inspection (also known as a Property Condition Report): This is the most critical inspection. Conducted at the start of the tenancy, it documents the property’s condition before you move in. This report serves as the baseline for comparison at the end of the tenancy. It should be incredibly detailed and include photos and notes about even minor imperfections.
- Routine Inspections: These are carried out during the tenancy at regular intervals. They allow the landlord or property manager to monitor the property’s condition and address any issues promptly.
- Exit Inspection: This inspection takes place after you move out. The landlord compares the property’s condition to the entry inspection report to determine if any damage has occurred beyond fair wear and tear.
Your Rights and Responsibilities as a Tenant
As a tenant in New Zealand, you have specific rights and responsibilities concerning rental inspections, governed primarily by the Residential Tenancies Act 1986. Ignoring these can lead to disputes and unnecessary headaches.
Right to Notice
Landlords must provide you with at least 48 hours’ notice (but not more than 14 days) before conducting a routine inspection. This notice must state the reason for the inspection and its date and time. This isn’t just a courtesy; it’s the law. You have the right to refuse entry if proper notice wasn’t given. The notice can be delivered personally, by mail, or electronically (if you’ve agreed to receive notices this way).
Right to Be Present
You have the right to be present during the inspection. It’s highly advisable to exercise this right. Being present allows you to ask questions, point out existing issues, and ensure the inspection is conducted fairly. If you can’t be there yourself, you can nominate someone to represent you.
Right to Privacy
While the landlord has the right to inspect their property, they can’t be intrusive. Inspections should be conducted at reasonable times and in a respectful manner. They can’t rummage through your belongings or open closed drawers or cupboards unless there’s a valid reason (e.g., suspicion of illegal activity, which would likely involve the police).
Responsibility to Maintain the Property
You are responsible for keeping the property reasonably clean and tidy and for not causing or permitting any damage (beyond fair wear and tear). This doesn’t mean you have to perform major repairs, but you are expected to take care of the property as if it were your own. This includes tasks like keeping the property ventilated to prevent mold, promptly cleaning up spills, and notifying the landlord of any necessary repairs. The definition of “reasonably clean and tidy” is subjective, but it generally means the property shouldn’t be excessively dirty or cluttered.
Responsibility to Report Damage
You must promptly inform the landlord of any damage or necessary repairs, especially if it affects the habitability of the property (e.g., a leaking roof, a broken window). Failure to report damage can result in you being held liable for further damage that occurs as a result of the initial problem. The communication should ideally be in writing (email is perfectly acceptable) to have a record of the report.
Your Rights and Responsibilities: A Practical Scenario
Imagine your landlord wants to conduct a routine inspection. They email you on Monday afternoon, stating they’ll be there on Wednesday morning at 10 AM. They’ve met the 48-hour notice requirement. You decide you want to be present. On Wednesday morning, the landlord arrives. They begin the inspection, focusing on checking for leaks under sinks and looking for signs of mold. They also ask if there have been any issues with the plumbing or electrical systems. You haven’t noticed any problems and answer honestly. The inspection is conducted respectfully and efficiently. This is an example of a routine inspection conducted properly.
Now, suppose the landlord arrives without any notice. This is a violation of your rights under the Residential Tenancies Act. You can politely refuse entry and remind them of the required notice period. If they persist, you can contact Tenancy Services for advice and guidance.
Entry Inspection: The Cornerstone of a Fair Tenancy
The entry inspection is arguably the most important aspect of rental inspections. A thorough and accurate entry inspection report protects both you and the landlord.
What Should Be Included in the Entry Inspection Report?
The entry inspection report should be incredibly detailed. It should document the condition of every room, including:
- Walls: Note any marks, scratches, dents, or imperfections.
- Floors: Note any stains, scratches, or damage to carpets, tiles, or wooden floors.
- Ceilings: Look for water stains, cracks, or peeling paint.
- Windows and Doors: Check for cracks, broken glass, or issues with locks and handles.
- Appliances: Test all appliances (oven, stove, dishwasher, washing machine, etc.) and note any issues. Document existing scratches, dents, or malfunctioning parts.
- Fixtures and Fittings: Check the condition of light fixtures, curtains, blinds, and other fixtures.
- Gardens and Outdoor Areas: Note the condition of lawns, gardens, fences, and outdoor furniture (if provided).
- Cleanliness: Document the cleanliness of the property at the start of the tenancy.
The Importance of Photos and Videos
Words alone are often insufficient to accurately capture the condition of a property. Take plenty of photos and videos during the entry inspection. These visual records can be invaluable in resolving disputes at the end of the tenancy. Make sure the photos and videos are dated and clearly labeled. Ensure that the photos are clear, well-lit, and accurately reflect the condition of the property.
Going Through the Report with the Landlord
Ideally, the entry inspection should be conducted jointly with the landlord or property manager. This allows you to point out any issues and ensure they are documented in the report. Don’t hesitate to ask questions and raise concerns. If you disagree with something in the report, make sure your concerns are noted. Both you and the landlord should sign and date the report, acknowledging that you both agree with its contents (or the documented disagreements).
What Happens if You Don’t Agree with Something?
If you disagree with something in the entry inspection report, don’t just sign it and hope for the best. Write down your concerns on the report itself or in a separate written statement. Keep a copy of this statement for your records. If you can’t reach an agreement with the landlord, you can contact Tenancy Services for advice. It’s crucial to address any disagreements at the beginning of the tenancy to prevent problems later on.
What Happens If the Landlord Doesn’t Provide an Entry Inspection Report?
If the landlord doesn’t provide an entry inspection report, you should create your own detailed report, including photos and videos. Send a copy to the landlord via registered mail or email (keeping a copy for your records). This proactively protects you when you move out. While the landlord is legally obligated to provide a report, creating your own ensures you have documented the property’s condition at the start of your tenancy.
Routine Inspections: What to Expect
Routine inspections are generally less stressful than entry or exit inspections. However, it’s still important to understand your rights and responsibilities.
Frequency of Routine Inspections
The Residential Tenancies Act doesn’t specify a maximum frequency for routine inspections. However, inspections must be reasonable. Conducting inspections every week, for example, would likely be considered excessive and a violation of your right to quiet enjoyment of the property. A common and generally accepted frequency is every 3-6 months. If you feel the inspections are too frequent, discuss your concerns with your landlord. If you can’t come to an agreement, you can contact Tenancy Services for mediation.
What Landlords Look For During Routine Inspections
During routine inspections, landlords or property managers typically look for things like:
- General cleanliness and tidiness: Is the property reasonably clean and tidy?
- Damage: Has any damage occurred to the property (beyond fair wear and tear)?
- Maintenance issues: Are there any leaks, mold, or other maintenance issues that need to be addressed?
- Unauthorized alterations: Have any unauthorized alterations been made to the property?
- Breaches of the tenancy agreement: Are there any breaches of the tenancy agreement (e.g., keeping pets without permission)?
- Signs of illegal activity: While less common, landlords are obligated to look for these.
Preparing for a Routine Inspection
While you don’t need to deep-clean the property before a routine inspection, it’s a good idea to tidy up and ensure it’s reasonably clean. Make sure all areas are accessible. Report any maintenance issues to the landlord before the inspection. This shows that you’re taking responsibility for maintaining the property and allows the landlord to address any issues promptly.
What if the Landlord Finds an Issue?
If the landlord finds an issue during a routine inspection, they should discuss it with you and give you a reasonable timeframe to address it. For example, if they find that the property is not adequately ventilated and mold is starting to grow, they may ask you to improve the ventilation and clean the mold. They will likely follow up at the next inspection to ensure the issue has been resolved. If you disagree with the landlord’s assessment or believe the timeframe is unreasonable, discuss your concerns with them. Again, Tenancy Services provides dispute resolution services if you can’t reach an agreement.
Exit Inspection: The Final Assessment
The exit inspection is the final assessment of the property’s condition. It determines whether any bond money will be withheld to cover damage or cleaning costs.
Cleaning the Property
Before the exit inspection, you are responsible for cleaning the property thoroughly. The standard of cleanliness should be consistent with the condition of the property at the start of the tenancy, as documented in the entry inspection report. This often means professionally cleaning carpets and sometimes even getting the whole property professionally cleaned to meet the ‘end of tenancy’ obligations in your lease agreement. If the entry inspection report noted that the property was professionally cleaned, you will likely need to have it professionally cleaned at the end of the tenancy as well.
Fair Wear and Tear vs. Damage
A crucial concept to understand is the difference between “fair wear and tear” and “damage.” Fair wear and tear refers to the normal deterioration of the property due to reasonable use. For example, slight fading of paint over time or minor scuff marks on the floor would generally be considered fair wear and tear. Damage, on the other hand, refers to intentional or negligent acts that cause damage to the property. For example, a large stain on the carpet caused by spilling wine or a hole punched in the wall would be considered damage. You are not responsible for fair wear and tear, but you are responsible for damage.
A common example of fair wear and tear vs damage would be faded paint on a wall (fair wear and tear) versus crayon marks on the same wall (damage). The determination is subjective, and it is always best to document existing imperfections at the entry of the agreement and promptly report any damage as it happens to avoid confusion.
Disputing Bond Deductions
If the landlord intends to deduct money from your bond to cover damage or cleaning costs, they must provide you with written notice and evidence to support their claim (e.g., photos, invoices). You have the right to dispute these deductions. If you disagree with the landlord’
