Most people would understand what I mean if I said someone can swim reasonably well. I’d be saying that the person was ok at swimming, but they weren’t a good swimmer or a great swimmer. Most people would assume if I meant they were an excellent swimmer, I would have said they were excellent.
If I were to say a property was reasonably clean, most people would think I meant the place was clean but maybe not 9 out of 10 and definitely not 10 out of 10.
The Residential Tenancies Act uses the word Reasonably a number of times to describe the standards that both sides must live up to when it comes to cleaning, looking after the property or even security. But here is the catch, ‘reasonably’ doesn’t have the same definition as we use it in day-to-day language.
With any legal term, the courts have already defined what reasonable means. And that meaning is fixed until another court changes it.
Reasonable means what someone can do if they were being careful, responsible and trying.
It’s only when the task needs more skill or knowledge than a person can be expected to have, does the standard becomes unreasonable. A tenant can’t be expected to be a plumber or an electrician, a painter or a plasterer.
Reasonably also has an expectation that people use foresight. If a bedroom door stop breaks, then a tenant is not responsible to fix it. But they will be responsible if they allow the door handle to damage a wall because they didn’t report it.
There is also an expectation of effort. Just because something requires effort, and time doesn’t relieve a tenant of the responsibility. Stopping weeds taking over a garden and killing plants is hard work but it is what reasonable people do as often as necessary.
Tenants must not allow a property to be damaged either through their action or lack of action. The reality is that failing to clean can damage property.
And the best test for what’s reasonably clean is,
If it can be cleaned, reasonably clean expects it to be clean.
And with this in mind, consider these issues and how tenants can be responsible
Oils and food colourings
Kitchen equipment like stoves and ovens if allowed to collect a build-up of oil, and burnt on food can rust or become etched by the acid in the oil. Stove hot plates, if not kept clean and oiled can rust and flake.
Mould
Cleaning paintwork and tile grouting stops mould build up. If mould is allowed to grow on surfaces, it will pit them. Venetian blinds, painted surfaces and tile grout are particularly susceptible to mould damage. If left unchecked, property will need to be repainted, blinds replaced, tiles regrouted and water seals replaced. Moulds job in nature is to break things down and it’s good at it.
Algae
Growth on paths and walls are common particularly when it’s been wet and cold and need to be cleaned off. Leaving it can be slippery and dangerous and will damage timber and paint.
