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Question Details: I've had 3 property inspections and every time the property manager says it's the state of the house is not acceptable, or criticized things not relevant to the cleanliness of the house (eg: too many fruit bowls in the kitchen). I feel the house is very tidy and presentable, although it's not a show home. At this point I'm feeling harassed, what can I do?
Filed under Tenancy | 2583 View(s)
Community Law Wellington & Hutt Valley
What is "reasonably clean and tidy" is not defined in the law, so it will have different meanings for different people and situations.
If you have not already done so, the first step is to talk (face-to-face, by phone or email) to the property manager to see if you can find out more about why the property manager is saying the state of the house is not acceptable and why the manager has made the comments. This is an important step and you are likely to be asked about whether you have talked to the property manager about the issue if you choose to go to the Tenancy Tribunal (discussed below).
After talking, you may be comfortable with doing things that resolve the property manager's concerns or the property manager may decide the issues are not such a problem.
You might also want to ask people who know your home whether they think any of the property manager's points are reasonable.
If you talk to the property manager and you do not feel that the problem is resolved, you can go the Tenancy Tribunal for assistance. Call 0800 TENANCY for more information. The Tenancy Tribunal provides a mediation and hearing service to assist landlords and tenants to resolve their disputes. In your case, the property manager will be involved as the landlord's representative.
The Tenancy Tribunal has an online dispute resolution toolkit (www.dbh.govt.nz) which has information on talking to landlords/property managers, and about mediation and Tenancy Tribunal hearings.
It is in your interests to try and get your concerns resolved for your piece of mind. It is also in your interests because the property manager's views could be relevant if you require a reference from the property manager for any future houses you may rent. In serious cases, tenants can be served a notice giving them 14 days to tidy up a premises, or landlords can apply to the Tenancy Tribunal for an order that the tenancy agreement be terminated.
Answered 23 Jan 2013. The IMPORTANT NOTICE below is part of this answer.
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