Gardens - Who is responsible?

I speak for all property managers when I say gardens are a management nightmare! Gardens are the number one cause for dispute between owners and tenants, closely followed by cleaning. With no clear guidelines set out in the Act, often property managers have to make decisions based on what is fair and reasonable and at the same time act in accordance with the owners requests....as piggy in the middle we try and find a fair solution.

Unclear Boundaries

Disputes arise as a result of the unclear boundaries set out in the Residential Tenancy Act as to who is responsible for what and to what extent.

In one section of the Act the tenant is obligated to keep and leave the premises in a reasonable state of cleanliness, ensuring that the premises are in a similar condition to that which existed when the tenancy started (apart from fair wear and tear). If the tenant caused the need for repair they must pay any costs involved, however when it comes to gardens this rule is somewhat different. In dry conditions and in some cases drought, gardens have become an area open to interpretation. After several experiences and disputes in this area between owners and tenants, I find the usual outcome is that the tenants are only responsible for basic garden maintenance such as lawn mowing and minor weeding and there seems to be varied opinions about what is or isn’t reasonable.

Both Sides of the Fence

I can see both sides of the fence on this issue. On the owner’s side, gardens can be a valuable asset and they can often add capital value to the property so if in the short term the owner is looking to sell they can often be out of pocket quiet significantly if the grounds are let go and plants die all together.

On the other hand, if the owner is so particular about the garden they should consider installing an automated watering system and provide an easy to maintain area that working people can manage, after all when the property is rented it is likely the tenants will not be as interested in maintaining something that takes up all of their leisure time. Owners should also consider weather conditions, often plants can die in a matter of days when not watered and if the tenants are away over holiday's for an extended period it is very difficult to prevent plants and grass from dying.

My View

My personal view and the advice I give to our clients is, if the gardens are extensive and you are "emotionally attached" or they hold value, have them maintained by a professional gardener. Try and build the cost into the rental income and then claim the expense as a tax deduction. At the same time consider automated drip irrigation system …. a small price to pay to maintain the asset.

If you are not that concerned about the garden and you are happy to replace plants when needed, let the grass die off and recover in winter…. do the occasional big prune, leave it up to the tenants to do the basics and rely on your property manager to let you know when it’s time to have a general tidy up and prune, you can choose to do this in your spare time if you enjoy the garden or arrange a professional and claim the tax deduction.

Precidents

There are a few owners that have entered into formal disputes against tenants making large claims for lost plants, new grass and replacement of established shrubs etc, I have not seen a case where the owner has been successful for anything other than lawns, edges basic weeding.

My recommendation to property owners is that you should try and provide a low mantenance garden and allow for some loss of plants, just and you would allow internall wear and tear or better still be proactive and have grounds maintained by a professional, you may even find that your tenants are happy to pay a fair increase in rent to cover the cost of ground maintenance.