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tenancy

Tenant responsibilities for keeping the house clean

Key Takeaway

In New Zealand, tenants have legal responsibilities under the Residential Tenancies Act 1986 to keep their rental property reasonably clean and tidy throughout the tenancy. This includes maintaining the premises and leaving them in a clean condition at the tenancy's end, removing all rubbish and their belongings. Landlords must also provide the property in a clean state initially.

Tenant Responsibilities for Keeping the Rental Property Clean in New Zealand

Tenants in New Zealand have specific legal obligations regarding the cleanliness and tidiness of their rental property, known as the 'premises', under the Residential Tenancies Act 1986. These obligations aim to ensure the property is maintained during the tenancy and returned to the landlord in a suitable condition.

General Obligation to Keep Premises Clean

A tenant's primary responsibility is to keep the premises reasonably clean and tidy. This ongoing duty applies throughout the entire duration of the tenancy. The 'tenancy agreement' is the contract between the landlord and tenant, outlining the terms and conditions of the rental [Source: Residential Tenancies Act 1986, s 2]. The 'premises' refers to the rental property itself [Source: Residential Tenancies Act 1986, s 2].

Specifically, a tenant must:

  • Keep the premises reasonably clean [Source: Residential Tenancies Act 1986, s 40(1)(c)].
  • Maintain the premises in a reasonably tidy condition [Source: Residential Tenancies Act 1986, s 40(1)(e)].

Returning the Premises in a Clean Condition

At the end of the tenancy, the tenant has a further obligation to ensure the property is left in an appropriate state. Upon vacating the premises, the tenant must:

  • Leave the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(e)].
  • Remove all rubbish from the premises [Source: Residential Tenancies Act 1986, s 40(1)(e)].
  • Remove all goods and chattels belonging to the tenant or their guests from the premises [Source: Residential Tenancies Act 1986, s 40(1)(e)].

Use of Fixtures and Fittings

Tenants are also responsible for the proper use of all fixtures, fittings, appliances, and equipment provided by the landlord, and must ensure they are not damaged [Source: Residential Tenancies Act 1986, s 40(1)(g)]. Improper use or neglect that leads to dirtiness or damage could result in liability.

Damage vs. Fair Wear and Tear

While cleanliness is distinct from damage, a lack of reasonable cleanliness can lead to damage. Tenants must not damage, or permit any other person to damage, the premises [Source: Residential Tenancies Act 1986, s 40(2)(a), s 40(2)(b)].

'Fair wear and tear' refers to the natural deterioration of a property over time from normal use. Tenants are generally not responsible for fair wear and tear [Source: Residential Tenancies Act 1986, s 40(1)(e) (implied by the requirement to leave reasonably clean and tidy, not new)]. However, damage caused by negligence or a failure to keep the property clean goes beyond fair wear and tear.

Landlord's Initial Responsibilities

It is important to note that the landlord also has a responsibility at the start of the tenancy. The landlord must provide the premises in a reasonably clean and tidy condition [Source: Residential Tenancies Act 1986, s 45(1)(a)]. This initial standard sets the baseline for the tenant's subsequent maintenance obligations.

Consequences of Non-Compliance

If a tenant fails to meet their obligations regarding cleanliness and tidiness, the landlord may apply to the Tenancy Tribunal. The Tenancy Tribunal is a judicial body that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, Part 4]. The Tribunal can make orders requiring the tenant to comply with their obligations or to pay compensation for cleaning costs or damages incurred due to the tenant's breach [Source: Residential Tenancies Act 1986, s 77, s 80].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations, or who are involved in a dispute regarding residential tenancy matters, are encouraged to seek independent legal advice. Information can be obtained from official government bodies such as Tenancy Services or by contacting Community Law Centres for free legal assistance across New Zealand at https://communitylaw.org.nz/.

Key Resources