The Residential Tenancy Commissioner has released a draft set of principles used to decide bond disputes. Interested people and organisations, like the Tenants' Union, have been asked to comment and propose changes.
The draft guidelines outlining the principles can be read here, but to summarise the main elements:
- Landlords may only claim for financial (ie monetary) losses. Sums paid to another person or organisation may be claimed against the bond but a landlord's own labour is not considered a monetary loss.
- If damaged property is to be replaced then compensation is to be determined by the value of the item at the time of replacement not the cost of replacing the item with a new product. If damaged property can be repaired compensation is determined by the cost of repair and any loss of value, if applicable.
- It was confirmed that tenants leaving leases early were only responsible for a percentage of re-letting costs and that this percentage is calculated as the number of weeks remaining on the lease divided by the total weeks in the lease agreement.
- Tenants will only be required to get professional carpet cleaning at the end of a lease agreement if a) the agreement states that professional carpet cleaning is required and b) if the carpet was professionally cleaned immediately prior to beginning of the lease. Some leases that have ended early for reasons beyond the tenant's control may not require carpet cleaning.
- Both general cleaning and gardening must be completed to a standard to which a normal person would achieve. A professional standard is not required.
- The maintenance of tap washers is a landlord's responsibility, whereas replacement of light bulbs and tubes is a tenant's responsibility. However, landlords may not claim against the bond for replacement light bulbs or tubes
Source Tenants Union