Who’s responsible for what?
Maintenance, damage, pest control… when it comes to who’s responsible for what, there may be some grey areas.
Here we take a look at what you can do to avoid a potentially messy (and costly) rental situation.
The garden
The tenancy agreement must state who is responsible for the upkeep of a garden.
Generally, unless specifically stated otherwise, the tenant is responsible is responsible for the upkeep of the garden and outdoor areas and the garden is maintained to a standard set at the beginning of the tenancy.
This includes general garden maintenance such as mowing and edging the lawn, weeding, raking leaves, fertilising, pruning plants, trimming hedges etc. Some landlords prefer to pay a gardener, and factor this in when setting the rental rate.
It is the tenant’s responsibility to report any issues to the landlord/property manager, such as problems with watering systems, leaking gutters, flooding etc.
Any major works in the garden that requires a specialist, such as tree lopping, is the landlord’s responsibility.
Tenants can plant their own plants, if they have the landlord’s permission and if any plants or gardening equipment at the property are damaged during the tenancy, unless the damage was caused by the tenant, the landlord is responsible for replacing them.
Pest control
There is sometimes a bit of a grey area; if pests, such as cockroaches, mice and rats were present prior to the start of a lease, it’s definitely the landlord’s responsibility to take care of the problem before the tenant moves in. It’s the landlord’s responsibility to provide a premises in a clean and habitable state, free from pests.
A tenant is required to keep your property clean, so if the infestation is a result of the tenant’s poor food hygiene and a general lack of cleanliness, then the tenant is at fault and will usually need to pay to have the property treated.
But it can be hard to determine who caused the pest problem.
When it comes to for termites/white ants, regardless of when the outbreak occurs, it is usually the landlord’s responsibility. This is why we recommend landlords have their properties regularly checked for termites. Read more about this here.
Repairs
Landlords are obliged to provide and maintain the premises in a reasonable state of repair during the tenancy.
- General repairs
As a landlord, you will be responsible for organising and/or paying for general repairs, such as faulty appliances, which comes with owning a property.
It is the tenant’s responsibility for repairing any damage (accidental or deliberate) they, their children, pets or guests have caused.
- Urgent repairs
These generally refer to those that are necessary to supply or restore an essential service (eg gas, electricity, fridge or cooker), or to avoid exposing a person to the risk of injury, exposing property to damage, or causing the tenant undue hardship or inconvenience. Examples may include:
- A burst water service or serious water leak
- A blocked or broken toilet
- Serious roof leak
- Gas leak
- Dangerous electrical fault
- Serious storm, fire, or impact damage
- Failure or breakdown of gas, electricity or water supply
- Failure or breakdown of essential service or hot water, cooking or heating appliance
Urgent and emergency repairs, must be at least looked into within 24 hours; if not the tenant is within their rights to arrange their own repairs, and the landlord is responsible for covering the cost.
In the case of urgent and emergency repairs, most landlords provide us with authority to act on their behalf – that way it saves a late-night phone call and the stress of finding a tradie to put the matter right!
Maintenance
Tenants are responsible for basic household maintenance like replacing light globes, vacuuming, cleaning windows, dusting and removing cobwebs inside and out.
As a landlord, you are required to keep the rental premises in a reasonable state of repair during the tenancy and comply with building, health and safety laws.
- Appliances
While there is no requirement for a landlord to supply heating or cooling, or other appliances, if appliances, such as air conditioner, fridges, washing machines etc, are supplied these should be regularly serviced. If they do break down, then it is the landlord’s responsibility to have them repaired.
- Smoke alarms
All rental properties must be fitted smoke alarms complying with Australian Standards and in accordance with the Building Code of Australia.
In NSW it is the landlord’s responsibility to have smoke alarms checked by a professional at the start of tenancy, and every 12 months thereafter.
The tenant must notify the landlord if there are problems with the smoke alarm so that repairs can be carried out or the alarm replaced as soon as possible.
- Mould and mildew
When it comes to mould, it should be dealt with quickly. If there is mould or mildew caused by faults in gutters or other fixtures, then the landlord must fix it. On the other hand, the tenant must ensure there is adequate ventilation throughout to help avoid mould problems occurring.
- Plumbing
Landlords must ensure that the plumbing is safe and in a suitable condition for use by tenants. Should a plumbing emergency (for example, burst water pipe, serious leak or broken toilet system), the landlord must arrange repairs within legislated timeframes.
Tenants have a duty to prevent unnecessary issues from occurring. If they are responsible for a plumbing issue, for example clogging a sink by pouring fat, then they could to be responsible for the repair.
Security
It is the landlord’s responsibility to provide a safe and secure property, and there are regulated standards to meet, such as door locks, window locks and exterior lights – and the landlord is responsible for maintaining those security devices.
The tenant can request for additional security devices to be installed, and if the landlord gives permission, then the landlord will also be responsible for the upkeep.
How to mitigate risk
When we prepare leases, we ensure responsibilities are set out in the tenancy agreement. That way, both parties clearly understand their responsibilities.
We also provide comprehensive property condition reports, and carry out regular inspections, to ensure responsibilities are met, and everyone is acting within the law.
With clarity about who is responsible for what, there’s less chance of arguments – and less risk of jeopardising insurance cover.
Want to know more?
Get in touch with us now, and we tell you how our property management services can make your life easier, and offer tips to increase your return on investment.
With nearly 50 years of property management experience behind us, we’ve helped thousands of people realise their dreams through property and our aim is to make your life easier. Simply give us a ring on 02 4956 9777, send us an email to mail@newcastlepropertymanagement.com.au or pop into our Cardiff office for a chat.
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