Garden maintenance is an important part of keeping a rental property looking great and functioning well. However, many landlords and tenants are unsure about who is responsible for maintaining the garden.
In this blog, we’ll clarify the responsibilities for garden care based on New Zealand’s Residential Tenancies Act (RTA), highlight common expectations, and provide practical tips to avoid disputes.
Tenant vs. Landlord: Who Maintains the Garden?
According to the Residential Tenancies Act 1986, the responsibility for garden maintenance largely depends on the tenancy agreement.
Tenant’s Responsibilities 🌱
Tenants are expected to:
- Keep the lawns mowed and edges trimmed regularly.
- Remove weeds from gardens, pathways, and driveways.
- Dispose of rubbish and garden waste appropriately.
- Keep the property in a reasonable state of cleanliness, including outdoor areas.
Key Rule: Tenants must maintain the garden to the same standard as it was at the start of the tenancy, as noted in the property inspection report.
Landlord’s Responsibilities 🌳
Landlords are responsible for:
- Pruning large trees and hedges that require specialist tools or professional services.
- Maintaining permanent features, such as irrigation systems, fences, and retaining walls.
- Fixing damage caused by storms, natural wear and tear, or external factors.
- Providing the tools or equipment (e.g., lawnmower or weed eater) if tenants are expected to maintain extensive gardens.
Tip for Landlords: Be clear in the tenancy agreement about who is responsible for specific tasks, especially for properties with large or complex gardens.
What About Shared Spaces?
For multi-unit properties or rentals with shared gardens, the landlord is usually responsible for maintaining common areas, unless stated otherwise in the tenancy agreement.
Key Areas of Dispute – Wear and Tear vs. Neglect
A common source of conflict is distinguishing between normal wear and tear and tenant negligence:
- Normal Wear and Tear (Landlord’s Responsibility):
- Overgrown plants due to seasonal growth.
- Grass browning during summer months.
- Tenant Negligence (Tenant’s Responsibility):
- Dead plants due to lack of watering.
- Uncontrolled weed growth from neglect.
- Damage caused by pets or outdoor parties.
Pro Tip: Use a property condition report with photos at the start and end of the tenancy to avoid disputes.
What Does the Law Say?
The RTA requires tenants to leave the property in a reasonably clean and tidy condition at the end of the tenancy. While tenants are not expected to return the garden in a perfect condition, it should be maintained to a similar standard as when they moved in.
If disputes arise, landlords and tenants can approach the Tenancy Tribunal for resolution.
Tips for Avoiding Disputes
- Set Expectations Early 📋
- Clearly outline garden maintenance responsibilities in the tenancy agreement.
- Specify whether the landlord will provide tools or arrange professional gardening services.
- Include Photos in Inspection Reports 📸
- Document the initial condition of the garden to compare it later.
- Schedule Regular Inspections 🔍
- Conduct quarterly inspections to ensure the garden is being maintained properly.
- Discuss Professional Services 🌿
- For larger or landscaped gardens, landlords may hire professional gardeners and include the cost in the rent.
How NG Property Management Can Help
At NG Property Management, we:
- Ensure tenancy agreements clearly outline garden maintenance responsibilities.
- Conduct regular property inspections to monitor outdoor upkeep.
- Offer gardening services or coordinate with professionals for landlords who prefer low-maintenance solutions.
Let us handle the details while you enjoy a stress-free rental experience!
Key Takeaways
- Tenants are responsible for basic garden maintenance, such as mowing lawns, weeding, and keeping the area tidy.
- Landlords must handle tree pruning, major landscaping, and repairs to permanent fixtures.
- Clearly outlining responsibilities in the tenancy agreement and using inspection reports reduces disputes.
- For larger gardens, landlords can arrange professional maintenance and factor it into the rent.
Need help managing your property? Contact NG Property Management for expert advice and hassle-free rental management.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult a professional for personalized guidance.
