Bond cleaning, or end-of-lease cleaning, is a crucial part of the rental process in Australia. It is a must to understand the bond cleaning legalities for both tenants and landlords.
Bond cleaning legalities in Australia require the tenant to leave the rental property in the same condition as at the start of the tenancy. The fair wear and tear is out of the regulation. The tenant must thoroughly clean the rental property when leaving to recover their rental bond.
In this guide, we will focus on the key legal aspects of bond cleaning, focusing on tenant rights and responsibilities. We will also refer to the government’s legal regulations to provide a comprehensive guide for people who live here.
Table of Contents
Understanding Bond Cleaning Legalities
Bond cleaning in Australia is a rental agreement where the tenants must return the property to the landlord to its original condition. This will then allow the tenant to get back his bond which was deposited to the landlord, or the property manager.
Regarding the state of the rental property after the end of the lease, this Act specifies the obligations of both landlords and tenants. The legal structure guarantees equitable treatment of tenants and restricts their liability to cleaning obligations that are reasonable and compatible with the terms specified in the lease.
Residential Tenancies Act in Australia
Bond cleaning is not just a contractual obligation but also a legal requirement.
All rental agreements in Australia are based on the Residential Tenancies Act. This Act governs landlord-tenant relationships and is available in each state and territory.
For Queensland, the act is reserved under the Residential Tenancies and Rooming Accommodation Act 2008.
Alongside, the Residential Tenancies Act 2010 in New South Wales and the Residential Tenancies Act 1997 in Victoria have regulations pertaining to bond lodgement. All these Acts uphold the property and the procedure for recovering the tenant bond.
Tenants must familiarise themselves with the particular Act that applies in their state or territory. This is because it outlines their obligations and privileges with regard to bond cleaning.
Lease Agreement Cleaning Clause
A lease agreement often details the specific clause for the tenant’s obligation to clean the properties at the end of the rental agreement.
Based on the states and territory, the clause can vary. But, the common obligation is the tenant must return the property in a tidy and clean condition.
If the tenant fails to comply with the agreement, it can lead to disputes and potential deductions from the bond. Sometimes, the bond may be completely deducted.
Tenant Rights Regarding Bond Cleaning
Since the bond cleaning rules conserve rights for both the landlord and the tenants, you must know your rights as a tenant in Australia.
Tenant Rights Bond Cleaning
Tenants have the right to certain legal protections regarding bond cleaning. These protections are intended to shield them from unfair business practices, such as irrational requests made by property managers or landlords.
Tenants, for instance, are only obliged to keep the property tidy to the level it was at the start of the tenancy. But they are not responsible for fair wear and tear.
This indicates that cleaning duties that go beyond regular use or that aren’t included in the lease agreement are not the tenant’s responsibility.
Fair Wear and Tear
Tenants must understand the need for fair wear and tear to conserve their rental rights. Fair wear and tear means the natural deterioration of the property that occurs over time due to regular use.
For example, small scuffs and marks on the lower walls are considered fair wear and tear. Some other examples include the following.
- Fade of paint or curtain due to exposure to the natural environment.
- Flattened carpet pile due to foot traffic or furniture placement
- Window pane cracking due to age
- Broken garden mulch over time.
But, wear and tear that happens due to negligence isn’t considered fair wear and tear.
- Careless filth, oil, and dirt damage
- window glass cracking as a result of hard and negligent use
- Paint fading or changing colour as a result of candlelight or other factors
- Scratches on the kitchen benchtop are caused by cutting food on the surface.
Property Condition Report
As a tenant, you should check your property’s entry condition report. Understanding the condition of the property when you start your rental agreement is crucial. Because it states the exact condition of the property when you start to use the property.
It serves as the reference point for both you and the landlord at the end of the lease. So make sure the report is accurate so that you can bond clean the property before leaving. Also, it will justify the bond deduction if you fail to complete the obligations of the bond cleaning.
Tenant Responsibilities in Bond Cleaning
As a tenant, check your responsibilities to ensure they are ensured at the end of the tenancy.
Tenant Responsibilities Cleaning
It is clear that you have to ensure the standard cleanliness of the landlord’s property up to a certain level. Now check what your exact responsibilities are to meet for end-of-lease cleaning regulations.
The tasks typically include the following:
- Cleaning windows and window tracks
- Kitchen Cleaning: Clean oven, stove, sink, cabinets, range hood, and others
- Bathroom Cleaning: Clean toilet, shower, bathtub, mirror, sink, and floor.
- Cleaning and fixing light fittings, air conditioning filters/vents
- Skirting boards
- Remove dirt, grime and grease from anywhere
- Fix any damage caused due to your negligence
- Clean linen, wardrobe and inside all cupboards
- Ensure the removal of any rubbish from the property
- Outside cleaning: clean balconies, mow and edge lawns, remove garden weeds
Landlord Cleaning Expectations
The landlord will expect the property to be cleaned to the standard the lease agreement requires. But, the expectation must align with what is reasonable and mentioned in the agreement.
If a landlord’s expectations exceed what is reasonable, tenants may have grounds to dispute any bond deductions through the appropriate tenancy tribunal.
The Bond Refund Process
Here is the bond refund process you can expect when you are returning the property to your landlord or the property manager.
Bond Claim Process Australia
The process for the bond refund may vary slightly for different states. But the regular process is the same in almost all areas.
The tenant must complete an Exit Condition Report (Form 14a). The report will detail the condition of the property at the end of the tenancy.
Now, you submit the report to the landlord or the property manager, who will compare it with the entry condition report.
Final Inspection
During the final inspection, the landlord or the property manager will compare the end report with the entry report. This will assess that the property is cleaned to standard as the entry condition.
If any issue is identified, it can result in a deduction from the bond. As a tenant, you or your lawyer/manager(if any) should be present to ensure a fair inspection.
Bond Lodgement and Refund
In most Australian states, the bond is filed with a government agency, such as the Residential Tenancies Authority in Queensland or Rental Bonds Online in New South Wales.
The landlord will file a bond claim form following the final inspection, on which they can either seek the whole bond amount or indicate any deductions.
The bond is refunded to the renter if the parties can agree on the amount of the refund. If there is disagreement, a tenancy tribunal may be required to settle the issue.
Tenant Bond Deductions
The tenant may face a bond deduction for the following reasons:
- Inadequate cleaning
- Damage to the property and
- Unpaid rent
So, the tenant should check everything is okay. Still, if the landlord asks for any bond deduction and the tenant disagrees, they can dispute it through the tenancy tribunal.
Dealing with Disputes
Here’s how a tenant can deal with the dispute for bond deduction.
Tenancy Dispute Resolution
Disputes over bond cleaning in Australia are not uncommon, even in Brisbane. So, if a tenant disagrees with the landlord’s decision, he can ask for a resolution through the territory tenancy tribunal.
Consumer Affairs Tenancy and Fair Trading Tenancy Guidelines
Particular organisations in different states offer support and guidelines for tenants to navigate disputes. For example, the Residential Tenancies Authority in Queensland, and Consumer Affairs Victoria.
These organisations offer details on the rights of tenants, and methods for resolving disputes. They also offer what to anticipate when filing a claim with the tenancy tribunal. To enhance their comprehension of their choices, tenants should familiarise themselves with these resources.
Hiring Professional Bond Cleaners
You can hire professional bond cleaners. Hiring professional bond cleaners can be a worthwhile investment for tenants. Professional cleaners are experienced in meeting the standards required for bond cleaning.
They also offer guarantees on meeting the standard. This can save tenants time and reduce the risk of bond deductions due to inadequate cleaning.
Final Thoughts
Bond cleaning is a crucial aspect of rental regulation in Australia. And it is governed by the Residential Tenancies Act. So, you must be aware of it as a tenant, and should never oversee it.
To ensure the proper bond cleaning in Brisbane, you can rely on Eco Cleaning Brisbane. With over 20 years of experience, we stand out here in Brisbane. We will ensure proper bond cleaning for you and make sure you recover your rental bond without any deduction.
