WHAT DOES THE LEGISLATION SAY…OR NOT SAY…!
Maintaining a well-kept garden and lawn is essential for enhancing the overall appeal and liveability of rental properties as well and reducing potential maintenance issues at the property.
In Queensland, both property owners and tenants have specific responsibilities concerning a tenancy and the condition of a property provided by the owner and returned by the tenant, but you may be interested to know that there is actually no specific mention in the RTRA Act 2008 (the legislation governing tenancy in Queensland) of lawns or gardens maintenance and who is responsible!
The main areas of the act that we rely on that are relevant are much higher level and relate to the overall condition of the property.
Specifically for the lessor:
- 185(2) At the start of the tenancy, the lessor must ensure—
- (a) the premises and inclusions are clean; and
- (b) the premises are fit for the tenant to live in; and
- (c) the premises and inclusions are in good repair
- 185(3) While the tenancy continues, the lessor—
- (a) must maintain the premises in a way that the premises remain fit for the tenant to live in; and
- (b) must maintain the premises and inclusions in good repair
And for the tenant:
- 188(2) The tenant must keep the premises and inclusions clean, having regard to their condition at the start of the tenancy.
- 188(4) At the end of the tenancy, the tenant must leave the premises and inclusions, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.
Residential Tenancies and Rooming Accommodation Act 2008
GUIDELINES FOR GARDEN MAINTENANCE FOR TENANTS AND OWNERS IN QUEENSLAND
Like many areas of property management, it’s a grey area, is open to interpretation and property managers rely on the interpretation of bodies such as the Residential Tenancy Authority (RTA) and rulings from previous court cases that have come before the Queensland Civil and Administrative Tribunal (QCAT).
With regard to garden and lawn maintenance, the RTAs position is outlined on their website and is a good place from which to base our expectations and from which we base our advice to tenants and owners:
- Mowing, edging and weeding – generally the tenant is responsible for these.
- Tree lopping and hedges – Tree lopping or pricing is usually carried out by the owner (or contractor). Any plants, hedges or lawns requiring special attention are usually the responsibility of the owner.
- Fallen branches – Removing fallen branches, including palm fronds, may vary. Small manageable branches can be removed by the tenant, larger branches or those requiring specialist equipment would usually come back to the owner.
- Fruit trees – arrangements around clearing up, picking and even eating the fruit can be written into special conditions for the tenancy.
- Water restrictions – local water restrictions should be considered.
- Yard maintenance contracts – The tenant cannot be required to enter into any form of maintenance contract with an external contractor, however, an agreement may be arranged between the owner and tenant, which must be outlined in the tenancy agreement.
In some cases, owners may elect to have special conditions included in the tenancy agreement that clarify the above situations, but must bear in mind, any special conditions cannot contravene or diminish the rights of the tenant under the RTRA Act.
Even with the guidelines provided above, there can still be difficult and ambiguous situations that may come up. Like many grey areas of tenant and owner rights, a collaborative and ‘reasonable’ approach may be required by each party to reach a mutually agreeable outcome, ensuring a harmonious relationship and a well kept and maintained property.
RTA Website – Guidelines for lawn and garden maintenance
