Who’s Responsible for Lawns, Gardens and Trees at a Rental Property?
Keeping the outdoor areas of a rental property well maintained is important, but there can sometimes be confusion about whether certain jobs are the responsibility of the tenant or the property owner.
The key starting point is the tenancy agreement. Any arrangements regarding the maintenance of lawns, gardens, trees and other outdoor areas should be clearly documented, with the condition of these areas also recorded on the Entry and Exit Condition Reports.
Mowing, Edging & Weeding
As a general rule, tenants are responsible for routine yard maintenance such as mowing lawns, edging and weeding,.
Tenants should maintain these areas throughout their tenancy and return them in an appropriate condition at the end of the tenancy, allowing for fair wear and tear and other circumstances outside their control.
Trees, Hedges & Specialist Maintenance
Larger or more specialised gardening work is generally the responsibility of the property owner.
This can include tree lopping, significant pruning and maintenance requiring specialist knowledge or equipment, such as ladders or professional tools.
Plants, hedges or lawns requiring specialist upkeep are also generally not considered the tenant's responsibility unless specific arrangements have been agreed upon.
What About Fallen Branches and Palm Fronds?
Responsibility can depend on the size of the branch and what is reasonably manageable.
Tenants may be expected to clear away small branches, leaves or palm fronds that can be safely and easily removed as part of normal garden maintenance.
Larger branches or debris requiring specialist equipment or professional assistance will generally need to be dealt with by the property owner. Any property damage caused by fallen branches should also be reported to the property manager promptly so the appropriate action can be taken.
Fruit Trees
If a rental property has fruit trees, it is worth addressing the collection and use of the fruit in the tenancy agreement.
Special terms can clarify whether tenants are permitted to pick and eat the fruit and whether the owner has any agreed arrangements to collect fruit from the property.
Without specific terms in place, the tenant's right to occupy the property may also give them the right to pick fruit during their tenancy.
Water Restrictions & Dry Weather
Queensland's weather can make maintaining lawns and gardens challenging, particularly during extended periods of hot or dry weather.
Local council water restrictions must always be considered. A tenant may not necessarily be held responsible if lawns, trees or plants deteriorate because they have complied with water restrictions or because of excessive dry weather conditions.
Tenants should, however, report concerns about lawns, gardens or trees as soon as possible rather than waiting until the problem becomes more serious.
When Professional Garden Maintenance Is Included
Some investment properties have professional lawn or garden maintenance included as part of the owner's arrangements. Where this applies, it should be clearly documented in the tenancy agreement.
Importantly, a tenant cannot simply be required to enter into and pay for a maintenance contract with a particular company in addition to their rent.
Under section 171 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), a lessor or agent cannot require a tenant to purchase goods or services from the lessor, agent or another person as a condition of the tenancy agreement. Section 53 also prevents parties from contracting out of the Act.
A Little Clarity Goes a Long Way
Clear expectations from the beginning of a tenancy can prevent disagreements later.
For investors, it is particularly important to distinguish between routine garden maintenance that can reasonably be expected of a tenant and larger or specialist work that remains the owner's responsibility.
If you are unsure about the maintenance responsibilities at your investment property, speak with your property manager so the appropriate arrangements can be documented and managed correctly.
Source: Cotality
