Major victory for renters after hated rule is revoked for millions of Aussies
A 'blanket' clause requiring tenants to get their carpets cleaned at the end of a lease was previously commonplace in contracts for rentals in Tasmania.
It had not been legally tested but was protected by the Real Estate Institute of Tasmania (REIT) until a court dispute saw the clause recently overruled.
The Residential Tenancy Commission (RTC) ruled carpets would only have to be professionally cleaned at the expense of the exiting tenant if they were found to be in a worse condition than they were at the start of the lease.
The ruling came after the Tenants Union of Tasmania (TUT) represented a renter from Burnie, on the island's north coast, after part of their bond was withheld in order to pay for all the carpets in their rental to be professionally cleaned.
It came after their landlord found a 'small yellow stain' on the bedroom carpet.
The stain had not been recorded in the condition report and no other photos were supplied of any damage to the other carpets in the home.
The RTC found the tenant was only responsible for the cost of cleaning the single stain and awarded their landlord $25 for cleaning.
'I will award an amount I consider reasonable given the stain in question is very small, even when photographed close up,' the ruling stated.
'The owner is awarded $25 for carpet cleaning.'
The RTC went even further, declaring tenants will no longer have to pay for professional carpet cleaning at the end of a residential tenancy.
'A tenant is not responsible for carpet cleaning performed as a matter of general practice as opposed to any real need or genuine failure of the tenant, in accordance with their obligations,' the commission ruled.
Tenants Union senior solicitor Andrew Smith told the ABC the ruling made the 'blanket clause' requiring carpets to be professionally cleaned 'invalid'.
'A tenant has the right not to do it, if they've left it in the same condition as when they moved in and there's proof of that,' he said.
'So as always, tenants should take their own photos when moving in and carefully make any notes in any condition reports they (are) provided.'
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