Is a landlord or tenant responsible for garden maintenance?
Garden maintenance is a cause of contention between many landlords and their tenants especially if the terms are not clearly outlined in the lease agreement. So, at the end of the day, are tenants or landlords responsible for garden maintenance?
Who is responsible for keeping the garden tidy when renting a house?
Generally, it’s assumed that tasks like cutting the grass, tackling litter and keeping the weeds down are the responsibility of the tenant, who is usually required, by the tenancy agreement, to return the garden in the same state as when the property was rented to them.
What are the tenant’s rights in the garden?
Tenants cannot be expected to perform tasks that require expertise. For example, a landlord can’t penalise a tenant for failing to prune a tall tree – it would be the landlord’s responsibility to make the relevant arrangements for this. Social events in the garden (such as BBQ’s) are permitted unless it is otherwise stated in the AST agreement.
Who is responsible for mowing the lawn in a rental property?
A landlord should provide the mowing equipment in order to do this, but mowing the lawn is considered a garden maintenance job, the responsibility for which sits with the tenant. What does garden maintenance include? Garden maintenance generally refers to the appearance of the garden and refers to tasks that should be done regularly.
Do tenants have to maintain garden Vic?
As a renter, you are generally responsible for: keeping the property reasonably clean. minor maintenance tasks, such as changing standard light globes and keeping the garden tidy (unless your rental agreement states that the landlord is responsible).
Is a landlord responsible for trimming trees UK?
Landlords are therefore usually responsible for pruning and maintaining trees, shrubs and hedges and removing the cuttings. The landlord should also be responsible for ensuring that any trees are safe.
Do landlords have to maintain gardens?
Landlords Garden Responsibilities Landlords are responsible for some aspects of garden maintenance, in particular anything that falls under the guise of health and safety. It's up to you to take care of jobs a tenant can't reasonably be expected to do safely, such as: Pruning trees. Trimming very tall hedges.
Can a landlord make you pay for a gardener?
Some landlords may wish to employ a gardener to ensure the garden is kept tidy. It is important to note that since the introduction of the Tenant Fees Act a few years ago, landlords CAN NOT charge tenants extra for the cost of the gardener as this is classed under this piece of legislation as a prohibited fee.
Who is responsible for cutting trees in a rented property?
LandlordWho is Responsible: Landlord or Tenant? More often than not, the lease for a rental property does not outline who is responsible for tree trimming and maintenance of a rental property. Because of this, it generally falls under the responsibility of the landlord.
Are tenants responsible for trees UK?
Responsibility to your tenants Every landlord has a duty of care to ensure that the trees in their gardens are safe. If left to grow unchecked, a tree may eventually become susceptible to the risk of toppling over, or individual branches can extend too far or be weakened through wind, illness or infestation.
Who owns trees on leasehold property?
What are tree owner's responsibilities? The owner of the tree is responsible for maintaining it in good order. In the case of tenants or leaseholders, it is usually the landlord who is responsible unless the tenancy agreement or lease specifically says otherwise.
Can a tenant cut down a tree UK?
If a landlord decides to cut a tree on their property, whether for aesthetic or functional purposes, then there's little you can do about it. However, landlords only have the right to cut back or prune trees that are on their property.
What is the responsibility of a tenant?
Unless your tenancy agreement says otherwise, you can safely assume you (as the tenant) are responsible for mowing and edging the lawns, watering, weeding, pruning and fertilising – all chores which could be termed ‘garden maintenance.’.
What is a good property manager?
A good property manager will help you understand your responsibilities, and with the help of a comprehensive Property Condition Report and regular inspections, will ensure these responsibilities are met.
Who is Leah Calnan?
Leah Calnan was the President of the Real Estate Institute of Victoria (REIV ) between 2020-2021. Before stepping into the president role, she was the Director at Metro Property Management in Surrey Hills, Victoria. She is the author of Simple and Successful Property Management. Leah has received multiple honours and awards, including REB Property Manager of the Year 2016 and 2014, and finalist in the REIV Property Manager of the Year 2013 and 2012.
Is it good to live in a rental property with a garden?
Living in a rental property with a beautiful garden can be great, especially during the spring and summer months which offer the perfect weather for entertaining. However, gardens require maintenance, and while some people are happy to plug away in the front (and backyard), most people find garden maintenance a chore.
Who is responsible for maintaining a garden?
As a tenant , you are ultimately responsible for ensuring the garden is maintained to the standard set at the beginning of the tenancy.
What are the obligations of a tenant?
Tenants Obligations. General maintenance: A standard lease agreement states that a tenant is responsible for edging, mowing, watering, pruning and weeding their lawn or garden. These jobs are referred to as general maintenance and tenants should assume them as soon as their leases begin, even if they don’t like gardening.
What is a lease agreement?
The lease agreement is what governs the relationship between the tenant and the landlord and outlines each of their obligations and rights. This article will discuss the responsibilities of the tenant where the garden and lawns are concerned and also look at some exceptions.
How to make a lawn better for a tenant?
Make the lawn better: A tenant should aim to make the garden and the lawn better than they found it. If the previous tenant was just watering and mowing the grass, it’s important to go a step further and maybe put some fertilizer, do some edging and add some flowers towards the ends.
What happens if a tenant fails to report an urgent repair?
If the issue goes unreported and it gets worse, the liability will fall on the tenant who failed to report. Sort unattended urgent repairs: If the tenant has reported an urgent repair and the landlord has not taken action within 24 to 48 hours, the tenant has the responsibility to hire someone who can do the repair.
Why can't tenants maintain their garden?
There are many reasons why a tenant may not be able to maintain their garden. It may be their job that takes them away, health issues or even disability. Some people are also just not into gardening so they will always neglect their gardens no matter what the landlord says.
What causes lawns to die?
Extreme weather conditions such as droughts can cause plants and lawns to die or wither especially if there is a water ban in place. Check your contract to see if there is an adverse weather clause which will stipulate what your responsibilities are should you experience periods of extreme hot or cold weather.
What is the right to pick fruit in a compound?
Pick fruits: If you are fortunate enough to have a fruit tree in your compound, it is your right to pick and enjoy the fruits of the trees you are tending. Fruits can lead to some disagreements where the landlord wants to be picking the fruits but they belong to the person holding the property at the time which is the tenant. That means it’s also your job to tend and take care of the tree as much as you can.
What is covered by landlord garden maintenance?
As with the property itself, the garden should be maintained so it’s in the same condition at the end of the rental period as it was at the start.
Disputing landlord or tenant garden maintenance
These are our top tips to help avoid disputes over landlord or tenant garden maintenance:
FAQs
If the tenancy agreement outlines certain gardening responsibilities for the tenant, the landlord should provide the gardening tools or equipment in order for the tenant to complete these jobs. For example, if it’s the tenant’s responsibility to mow the lawn, the landlord should provide mowing equipment.
What is the landlord responsible for in a multifamily unit?
The landlord would be responsible for the maintenance of common areas, including the outdoors.
What is the first thing to look for in a landlord-tenant relationship?
First, it’s important to know what is stated in the lease. Whenever there is any question in a landlord-tenant relationship, the first and most important place to look for answers is the lease . A lease is a contract, and two parties can generally come to any legal agreement they choose.
Is a tenant responsible for yard maintenance?
However, if a tenant rents an entire house and it includes surrounding property, such as a front yard and a backyard, then unless the lease says otherwise, the tenant is probably responsible for much of the routine outdoor maintenance because it’s within the area rented by the tenant. There are some limitations to this general rule. For instance, landlords are still typically responsible for repairs, but that line is not necessarily as bright as it should be.
Who is responsible for the maintenance of the house?
The landlord would be responsible for the maintenance of common areas, including the outdoors. However, if a tenant rents an entire house and it includes surrounding property, such as a front yard and a backyard, then unless the lease says otherwise, the tenant is probably responsible for much of the routine outdoor maintenance because it’s within ...
Do leases address outdoor maintenance?
Not all leases address outdoor maintenance, and if your lease is silent on the subject, check to see if the outdoor area is included in the square footage on the lease. Since the landlord owns the whole property and is responsible for the maintenance in all areas not rented by the tenant, they may be responsible for outdoor maintenance.
Who is Jeffrey Johnson?
Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...
What is property management in Florida?
Florida Property Management. When you rent out a property, you understand that you’ll be responsible for maintaining the home and ensuring it’s safe and habitable for your tenants. The residents understand that they’re responsible for keeping the place clean, free of damage, and in good shape.
Can you build landscaping fees into your rental?
You can always build the monthly landscaping charges into the rental amount to keep your own costs down. Whichever direction you decide to go, make sure you include the lawn and garden maintenance in your lease agreement. Be specific about how it will be handled and who is responsible for overseeing its care.
Do tenants have to mow their own lawn?
You want tenants to understand the responsibility before they see the property or apply for the home. The tenants will always have the option to hire their own lawn professionals to mow and care for the grounds. Another option is to keep the responsibility for landscaping and lawn care to yourself.
