Some Opinions Needed - Flatmate Attempting To Ninja Outta Contract

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CruciasNZ

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#550935 28-Nov-2011 13:15

sleemanj:
If the Carpet Cleaning clauses requires you to have the carpets (professionally) cleaned when leaving, that's an illegal clause subject to significant exemplary damages at the tenancy tribunal should you follow it up.

Our contract states we need to clean the carpet and that we can hire a professional or DIY. Seems fair to me, cleaning the house upon leaving is only right. Now forcing you to hire professionals seems a but OTT

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Bee

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#550937 28-Nov-2011 13:15

gcorgnet:
sleemanj:
If the Carpet Cleaning clauses requires you to have the carpets (professionally) cleaned when leaving, that's an illegal clause subject to significant exemplary damages at the tenancy tribunal should you follow it up.

Hi,

Would you be able to cite a source for what you are saying? I am quite interested in that particular point.
Thanks,

Guillaume

Here is one possible source :

http://www.landlords.co.nz/ask-an-expert-full.php?askanexpert_id=1031

http://www.landlords.co.nz/ask-an-expert-full.php?askanexpert_id=1002

It basically says that carpets and the whole house needs to be reasonably clean - to require professional cleaning is above the standard set by the 1986 ACT.

OMG!!! Since 1992, Ive moved maybe 10 times and always got the carpets cleaned - they probably didnt need to be done - if this is true I want my money back!

Doing your best is much more important than being the best.

CruciasNZ

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#550982 28-Nov-2011 14:08

Alright, so after speaking with the Landlord (GPRE) they are keen to try my idea of getting the letter of validation. We are going to get duplicates of the contract made and authenticated by a Justice of the Peace (so we don't risk the original).

CAB suggested I attend the free legal advice tomorrow at their Hornby office and I have yet to hear back from those two websites mentioned before as they have a call and we'll call you back policy. 0800 Tenancy could not help.

Does anyone have any further suggestions as to where I can get such a document verified. It's not a complex document, it's just 1 side of A4 causing all this trouble! I do not object to paying small amounts (probably up to $100) to get this verified, but it has to be done in an official capacity that he cannot legally dispute without a court order. Basically he is trying every possible way to nullify the agreement and we (landlord and myself) want to end the argument.

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