If heading out into the garden isn’t your idea of a good time, you might be left wondering exactly how much garden maintenance you are responsible for as a tenant.
Particularly with weeds sprouting and grass growing rapidly right now, and with Autumn just around the corner, it’s the perfect time to clear up any confusion about exactly who needs to roll up their sleeves and grab the garden gloves. Here’s what you need to know about tenant garden maintenance responsibilities in NSW:
Legal responsibilities for tenants
Under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019, tenants in NSW are required to keep the rented premises, including the garden, in a reasonable state of cleanliness and not intentionally or negligently cause or permit damage. For the garden, this means maintaining it to the standard set at the start of your tenancy.
Your garden maintenance checklist
As a tenant, it’s reasonable to assume that you are responsible for regular garden upkeep tasks such as:
- Mowing and edging: Keeping the lawn neat through regular care. During growth periods, this may mean mowing as often as weekly.
- Watering: Ensuring the garden stays hydrated while being mindful of any specific water restrictions in your area.
- Weeding: Maintaining garden beds and lawns free of weeds. Regular care prevents weeds from taking over and ensures your garden looks cared for.
- Pruning and trimming: Trimming hedges and shrubs to keep them healthy, maintain their shape, and prevent obstruction of pathways or fences.
- Pool maintenance: If your rental property has a pool, it’s usually the tenant’s responsibility to keep it clean and chemically balanced, unless your lease agreement says otherwise.
The time and regularity that you’ll need to perform these tasks will vary greatly based on the season, the size of the garden, and the types of plants. This is why it’s important to consider how much time you are willing to devote to gardening when you initially inspect a property. If a property has a large garden, but you prefer not to spend your weekends mowing and weeding, and you’re not able to hire a gardener, then it may not be the right property for you.
Larger tasks and common areas
Typically, the landlord is responsible for tasks such as maintaining structural garden elements (e.g., retaining walls and fences), major landscaping, tree lopping, and addressing significant issues like pest infestations. In apartment complexes with shared garden areas, maintenance of these areas is usually the responsibility of the landlord or the strata management.
Important tips for tenants
Along with regular maintenance, you should also avoid parking on the grass. Parking vehicles on the lawn might not seem like a big deal, but it can compact the soil and kill the grass, leading to long-term damage that’s difficult to repair.
In addition, keep your eye out for any major issues, such as disease or pest infestations, and report them to your property manager promptly. Early intervention can prevent more severe damage.
What if a plant dies?
If a plant dies due to natural causes or factors beyond your control, you’re typically not responsible for replacing it. However, if a plant (or perhaps the entire garden) dies from neglect, you would technically be required to restore the garden to its original condition. While it’s uncommon for a landlord to take a tenant to the NSW Civil and Administrative Tribunal (NCAT) for failing to care for the garden, it is still possible if the neglect is severe and results in significant damage or constitutes a breach of the lease agreement.
Understanding your garden maintenance responsibilities as a tenant in NSW is crucial for keeping your outdoor spaces healthy and avoiding any garden-related disputes or misunderstandings during the tenancy. While you’re not expected to be a horticulturist, taking care of the garden is a shared responsibility that will enhance your living environment.
If you have any questions about your specific responsibilities or need advice on garden maintenance, don’t hesitate to contact your property manager or reach out to our team at Prudential Real Estate. We’re here to help you navigate the joys and challenges of maintaining a beautiful garden in your rental home!
Prudential Real Estate Campbelltown | (02) 4628 0033 | campbelltown@prudential.com.au
Prudential Real Estate Liverpool | (02) 9822 5999 | liverpool@prudential.com.au
Prudential Real Estate Macquarie Fields | (02) 9605 5333 | macquariefields@prudential.com.au
Prudential Real Estate Narellan | (02) 4624 4400 | narellan@prudential.com.au
