Landlord e-newsletter - June 2009

Keeping clean and tidy: infestations and mould

Landlords are required to provide premises in a ‘reasonable state’ of cleanliness for an incoming tenant.

By presenting the property in a tidy condition, a landlord helps set the expectation for what ‘reasonably clean and tidy’ means, particularly when a tenancy expires. This extends to eliminating infestations and curing mould or damp issues.

A tenant’s sense of clean and tidy conditions could be different from the landlord’s. Particular behaviors of the tenant may create excessive mould, damp or insect activity.

Once the tenant moves in, they are responsible for maintaining the premises in a clean and tidy condition.

Issues of cleanliness and tidiness tend to change with the seasons. For example, around spring and early summer complaints about cleanliness are often linked to concerns about insects or infestations. Around autumn and winter, there are more complaints about damp and mould. Winter is also a common time to receive complaints about rat or mice infestations.

Any concerns the landlord has with the tenant should be raised as part of the landlord’s regular formal inspections.

Infestations

Landlords should take responsibility for fumigations and any rodent or insect issues before a new tenancy begins.

Some landlords arrange an annual fumigation (at their cost) as part of the terms of the tenancy agreement.

Landlords may also want to record that there are no known infestations or recent infestation issues in the tenancy agreement.

Any recurring infestations could be argued to be the responsibility of the tenant as part of their obligation to keep the premises reasonably clean and tidy. In those cases, a landlord could seek an order from the Tenancy Tribunal for the fumigation work to be done and for the tenant to be charged for this.

Mould and damp

During winter months, there is usually a sharp increase in tenants seeking advice about living conditions. If in doubt, ask yourself how you would feel living there with your friends or family!

Take an honest look over your property and consider the following points:

1. Condensation
   
   • Is the ducting for dryers in any laundry area adequate? Hot air emitted internally will promote condensation problems.
   • Is there a covered outdoor area for a tenant to dry washing on a clothes airer rather than inside?
     
2. Damp
   • If dampness is present, does the house need under-floor sealing with building paper or polythene?
   • Are any of your tenants sleeping on a floor mattress? These make damp areas on the floor. It is also not ideal for the health of your tenants.
     
3. Bathroom and kitchen ventilation
   • These are high-use areas that promote mould damage. Consider whether extractor fans are needed or safety catches on windows that allow them to remain open.
     
4. Insulation
   • Look under the roof and assess the top of the ceiling and the state of any insulation.
     
5. Heating
   
   • What type of heating is there? You could consider installing a flued gas heater, which would reduce water by 1 litre per kg of gas consumed from unflued gas heaters (thereby reducing condensation and damp).
     
6. Water Use
   
   • Do your gutters, down pipes and drains need repairs or cleaning?
   • Do any outside taps drip?
   • Does your shower curtain sit inside the bath unit to prevent overflow effectively or do you need to modify it?
   • If you have aluminium joinery, check the drip holes are clear. Some older joinery does not have drip holes
     
7. General
   
   • Are the inside linings of your cupboards, wardrobes and closets dry?
   • Are the air vents in the foundation areas of your house clear?
   • Are the under-house pipes in good condition?
   • Do the curtains have adequate thermal backings?
   • Do any trees or shrubs need pruning to reduce dampness or enable greater light and sun?