When something breaks or needs attention in a rental property, it’s not always clear who needs to fix it. Is it a minor job the renter can reasonably handle? Or is it a bigger job that the rental provider needs to sort out?
In this guide, we’ll explore some common outdoor repair and maintenance issues and how to handle them.
What does the law say?
Victoria’s Residential Tenancies Act 1997 (Vic) lays out the details of repair and maintenance responsibilities, which is summarised in this guide from Consumer Affairs Victoria.
Essentially:
- The renter is responsible for keeping the place reasonably clean and reporting any repair and maintenance issues
- The rental provider is responsible for keeping the property in good repair
But what counts as “good repair” or “reasonably clean”? And how do these rules play out with gutters full of leaves, overgrown lawns, or a pool turning green?
Our rental law expert explains outdoor repairs
Deputy President, Kylea Campana is an experienced lawyer who specialises in rental law. She not only oversees RDRV’s work, but she also decides VCAT cases about rental issues.
In her experience, disputes often come up after the rental agreement has ended and there’s a disagreement over the bond refund. This is because it can be tricky figuring out who is responsible for what.
If it’s something you need a cherry picker, ladder or special tools for, it’s the rental provider’s responsibility.
“If it’s something you need a cherry picker, ladder or special tools for, it’s the rental provider’s responsibility,” she says. “But if it’s something like cleaning up a few stray branches over the driveway, that’s probably up to the renter.”
Who’s responsible for the garden in a rental property?
- Renter’s responsibility
Renter’s responsibility
Simple tasks related to keeping the property clean and tidy, such as:
- Mowing the lawn regularly
- Light weeding of garden beds and pathways
- Trimming small shrubs or plants (for example, rose bushes hanging over a walkway)
- Rental provider’s responsibility
Rental provider’s responsibility
Bigger jobs relating to garden repair and maintenance, such as:
- Major pruning of large trees or tall shrubs
- Tree removal or trimming back branches overhanging the roof
- Repairing retaining walls, garden edging, or broken fences
- Fixing any drainage issues
Defining what is reasonable (and what is not)
Campana says repair and maintenance issues are the rental provider’s job. However, a renter has a responsibility to keep the premises reasonably clean. That's where mowing the lawns, a little bit of weeding, and those sorts of things fall into play.
“But if the rental provider hasn’t laid weed matting under gravel or carried out proper preparatory work, expecting a renter to weed the garden constantly is unreasonable - that’s an issue.”
If the backyard was overgrown when the renter moved in, they shouldn’t be expected to clean it up to get their bond back.
The condition of the garden at the start of the rental agreement matters. For example, if the backyard was overgrown when the renter moved in, they shouldn’t be expected to clean it up to get their bond back.
Who’s responsible for the gutters in a rental property?
- Renter’s responsibility
Renter’s responsibility
Renters are not responsible for gutter maintenance, but they should tell the rental provider if they notice any signs of gutter issues, such as:
- Gutter blockages
- Overflowing water
- Water stains on the walls
- Sagging or rusty gutters
- Rental provider’s responsibility
Rental provider’s responsibility
Gutter maintenance and repair tasks to ensure rainwater is draining properly, such as:
- Clearing gutters of leaves and debris
- Repairing rusted or leaking gutters
- Fixing or replacing broken guttering or downpipes
Our Deputy President's advice to rental providers
Campana recommends that rental providers conduct annual maintenance checks to help meet their responsibility to keep gutters clear and working. She also observes there’s often an increase in gutter disputes when trees start losing their leaves in autumn.
“Once a year, just before the spring rains or just after autumn, come around and do a maintenance check,” she says. "Remove all the leaves from the gutter. Do this regularly, instead of waiting for the renter to actually make a request.”
Schedule an annual gutter check, ideally before the Spring rains or just after Autumn, instead of waiting for the renter to make a request.
Who’s responsible for the pool in a rental property?
- Renter’s responsibility
Renter’s responsibility
Renters are responsible for general cleaning tasks, such as:
- Regularly skimming leaves from the pool surface
- Cleaning the pool filter basket
- Checking the chlorine levels
- Covering the pool when it’s not in use
The renter must also notify the rental provider in writing of any faults with the pool or spa fences, doors, or gates.
- Rental provider’s responsibility
Rental provider’s responsibility
Major upkeep, maintenance and repair tasks to make sure the pool and pool fence are functional and meet safety standards, such as:
- Repairing pool pumps, filters, and heaters
- Regular water testing
- Checking pool and spa doors and gates work properly
Our Deputy President's advice to rental providers
Campana says that general cleaning activities (like sweeping leaves and checking chlorine levels) typically fall to the renter. But more technical maintenance should be arranged by the rental provider.
“If I were renting out a place with a pool, I’d include servicing it as part of the rent so that a professional can do all those checks, like making sure the pool water’s balanced,” she says.
Tips to avoid maintenance disputes in your rental property
- Take photos of the garden, pool, and any damage at the start and end of a rental agreement
- If you’re renting a place and notice something needs fixing, report it as soon as you can
- Renters should not attempt major repairs – report them instead
- Rental providers should budget for seasonal and preventative maintenance – it protects the property and avoids future disputes
- Include any regular maintenance in the rental agreement
What happens if you don’t agree?
If you need help sorting out a repair issue in your rental, RDRV can help. We work with renters and rental providers to reach agreements about who needs to do what and plan a way forward.