Landlord or Tenant - Who is Responsible?

Landlord or Tenant - Who is Responsible?

When a tenant moves into a rental property, the landlord or property manager must ensure that the premises are habitable and in a reasonable state of cleanliness and repair.

The tenant is responsible for keeping the property clean and tidy and, at the end of the tenancy, handing it back in a condition similar to how it was at the start of the agreement, taking into account normal use (fair wear and tear).

Maintenance Inside

During the tenancy, the landlord or property manager must keep the premises in a reasonable state of repair and comply with building, health, and safety laws. They are responsible for the upkeep of the property, including plumbing and the maintenance of provided contents such as the stove, dryer or air conditioner unless these items have been intentionally or neglectfully damaged by the tenant. If mould or mildew is caused by faults in gutters or other fixtures, it is the responsibility of the landlord or property manager to address these issues.

The tenant is responsible for basic household maintenance, such as replacing light globes, vacuuming, cleaning windows, dusting, removing cobwebs inside and outside, and ensuring there is adequate ventilation to help prevent mould problems, particularly during winter.

Maintenance Outside

The tenant is responsible for garden maintenance, including mowing and edging lawns, weeding, and pruning. The landlord or property manager should provide the necessary hoses, sprinklers, and other equipment to assist with this. If the tenant becomes aware of any potential damage to gutters due to leaf blockages or notices a water leak, they must inform the landlord or property manager. If the leak is obvious and the tenant fails to report it, they may be held liable for the costs associated with the water loss.

The landlord or property manager is responsible for maintaining any garden reticulation system, tree lopping, cutting back overhanging branches (such as those near power lines), and maintaining fire breaks unless the tenancy agreement specifies otherwise.

 

It's essential for both landlords and tenants to communicate clearly about their responsibilities and address any issues promptly to ensure a smooth and agreeable tenancy. Regular inspections and maintenance checks by the landlord or property manager can help prevent minor issues from escalating into more significant problems, ensuring the property remains in good condition throughout the tenancy.