If spending time in the garden isn’t your idea of fun, you might be wondering exactly how much garden maintenance you’re responsible for as a tenant in NSW.
With weeds sprouting and grass growing rapidly, and with summer fast approaching, now is the perfect time to clarify your garden care responsibilities. Here’s a clear breakdown of what tenants need to know about garden maintenance in NSW.
Legal Responsibilities for Tenants under NSW Tenancy Law
Under the Residential Tenancies Act 2010 and the Residential Tenancies Regulation 2019, tenants in NSW are required to maintain the rented property, including the garden, in a reasonable state of cleanliness and not cause or allow damage. This means keeping the garden in the condition it was at the start of your tenancy.
Your Tenant Garden Maintenance Checklist
As a tenant, it’s expected that you will be responsible for routine garden maintenance tasks, including:
• Mowing and edging the lawn: Keeping the lawn tidy through regular mowing. During peak growing seasons, this may mean mowing once a week.
• Watering the garden: Ensuring plants stay hydrated, while adhering to any local water restrictions in your area.
• Weeding: Regularly removing weeds from garden beds and lawns. Weeding ensures your garden stays healthy and looking well-maintained.
• Pruning and trimming: Keeping hedges and shrubs pruned and neatly shaped, which helps prevent obstruction of walkways or fences.
The frequency and amount of garden maintenance you need to do will vary based on the season, garden size, and types of plants. It’s essential to consider how much time you’re willing to spend on garden upkeep when inspecting a property. If the property has a large garden, but you don’t want to spend your weekends on mowing and weeding, and you’re unable to hire a gardener, this may not be the right property for you.
Larger Garden Maintenance Tasks and Shared Areas
Typically, the landlord is responsible for major garden maintenance tasks such as:
• Maintaining structural garden elements (e.g., retaining walls, fences, and garden structures).
• Large-scale landscaping work, such as tree cutting and stump removal.
• Managing significant issues like pest infestations or major tree lopping.
In apartment complexes with shared garden areas, the responsibility for maintaining these communal spaces typically falls to the landlord or the strata management.
Top Garden Maintenance Tips for Tenants
In addition to your regular garden upkeep, here are a few extra tips:
• Avoid parking on the lawn: Parking your car on the grass can compact the soil and damage the grass, which can be difficult to repair.
• Report pest or disease issues promptly: If you spot garden pests or plant disease, inform your property manager straight away. Early intervention can prevent severe damage to your garden.
What If a Plant Dies Due to Natural Causes?
If a plant dies because of natural causes or factors beyond your control, you’re typically not responsible for replacing it. However, if a plant (or the entire garden) dies from neglect, you may 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) over garden neglect, it is possible if the neglect is severe and leads to significant damage or a breach of your lease agreement.
Conclusion:
Understanding Your Tenant Garden Maintenance Responsibilities in NSW
Understanding your garden maintenance obligations as a tenant in NSW is crucial for keeping your outdoor space healthy and avoiding disputes with your landlord. While you don’t need to be an expert gardener, maintaining the garden is a shared responsibility that will enhance your living environment and avoid potential issues.
If you have questions about your specific garden maintenance responsibilities or need advice on caring for your rental property’s garden, feel free to contact your property manager or get in touch with the team at Moshav Realty. We are here to guide you through the process of maintaining a beautiful and well-kept garden in your rental property.
See link below to NSW Fair Trading Fact Sheets