Can your landlord charge you for cleaning?

What is considered a clean premises?

The New South Wales Tenancy Act contains 228 separate pieces of legislation but does any of this answer the question of, can your landlord charge you for cleaning? At no point does the Act clearly, legally define what is considered a clean residence. It appears that is left to the discretion of the real estate agency. Maybe they should have 229 pieces of legislation, but never mind, that is how it stands. Therefore, it is perfectly legal for a landlord to withhold your security deposit, your bond money, if they feel in any way dissatisfied with the state of the vacated property. A lot of things in life are subjective, as in ‘Was that a good book to read’? ‘Do you like to eat spicy food’? It is also subjective for the real estate agency to arbitrate as to whether a residence is, or is not, cleaned to their satisfaction.

Given that there is no strict legal definition, it is probably best to consider their perception. To a real estate agent a clean residence is generally defined as clean as brand new, with a never lived in look. Any demarcation is left to the agent’s discretion. Of course there are too many single issues regarding the end of tenancy cleaning of a residence to mention them all individually, but it is reasonable to say that a lot of people may, inadvertently overlook one or two of them. For example, would you have considered to clean the back of the toilet bowl or remove all of the tile grout? How about to remember to defrost the freezer compartment in the fridge? A real estate agent’s concept would also include professionally cleaned carpets. If you don’t organise it then they are perfectly within their legal rights to withhold your bond money and organise it to be cleaned to their satisfaction, at your expense. Any single aberration can lead to you forfeiting your bond. In fact, the agency can charge you over the cost of your bond if they see fit. It is entirely up to them. It is not an uncommon practice.

The most frequent claim by agents for withholding bond money is dissatisfaction with the cleanliness of the vacated residence. A usual topic of conversation in Australia these days is how the concept of home ownership has slipped away from the current generation. The Grattan Institute figures show that in 1986 over 58 per cent of the 25-34 age group were involved in home ownership; today it stands at less than 45 per cent. That means 55 per cent of the age group are involved in the rental market – hundreds of millions, each year, tied up in the Rental Bond Market. Unfortunately, over one third of those bonds are not returned, at the discretion of real estate agents. There are more than ten million people renting in Australia and with the longest lease being one year in length, many people are moving all the time and a lot of money is vanishing into the black hole of a real estate agent’s perception of cleanliness. A professional cleaning service can simply mean having a drain cleaned rather than throwing money down it. Whizz is a platform that uses professional contract cleaners and has been doing end of tenancy cleaning since 2014. It is available Australia wide and you can download the Whizz app and make a booking very easily. You can speak with a customer service operator 7 days a week.

Who hasn’t been on the end of a real estate agent’s nit picking regarding wear and tear and accidents that can occur which are out of your hands and not your fault. You should not be penalised for this. It’s always a nervous wait to see if the vacated premises is of a standard the landlord is happy with, considering that the term ‘clean’ as mentioned is subjective. Often it involves back and forth dialogue depending on who you are dealing with. That is why it is always important to fill in the condition report carefully. This enables a comparison of the condition the property is in at the start of the tenancy and at the end of the tenancy. Without this, it can be a battle to prove that any damage did take place before moving in. Sharon tells of her frustration on vacating a rental recently when the real estate agent complained of a stain on the carpet. She had reported it at the time of moving in. However, the real estate agency had changed hands and was now under new management. The leak in the toilet caused the carpet to stain, something that was beyond her control and should have been factored in, but instead it meant she had to again prove that it was not her fault. She had the carpet professionally cleaned but the stain still remained. Had she not had it professionally cleaned she said it would have been more of a battle to get her bond back. Luckily she still had the emails she sent to the real estate agency five years previously informing them of the stain from the leaking toilet.

Vacating a premises is often hurried and very stressful. Whizz cleaners have a professional relationship with real estate agencies and therefore know the specific areas to target with end of tenancy cleaning and guarantee that you will get your bond back. If there is an area deemed unclean by a landlord or real estate agency they will return within 24 hours to address this. Whizz cleaners come equipped with their own cleaning equipment and products, which make it so much easier, particularly when you are moving out. The prices are fixed and there are no hidden fees. Everything included in the clean is clearly set out on the website and you don’t have to be around for a clean if that is your preference. All Whizz contractors have been police checked and are insured so that should give you peace of mind.