Are housing association tenants responsible for trees?

The tenancy agreement is between the housing association and its tenant, irrespective of whether the housing association has changed hands during the time the tenant has lived there. You are not party to the tenancy agreement and therefore it is not your responsibility to sort out the tree problem with the tenant.

Are trees the landlords responsibility?

More often than not, the lease for a rental property does not outline who is responsible for tree trimming and maintenance of a rental property. Because of this, it generally falls under the responsibility of the landlord. As the landlord, it is essential to be responsible for the trees on the property.

Are tenants responsible for gardening?

The tenant is only responsible for returning the garden in the same state that it was in when they moved in. This means that a landlord cannot expect a tenant to carry out improvements to the garden if it was already in a mess. Tenants cannot be expected to perform tasks that require expertise.

Can I change the garden in a rental property?

NSW tenancy laws state that tenants can request to make ‘minor changes’ to a property at their own expense, including planting some vegetables or flowers in a garden.

Is a landlord responsible for rats in the garden?

The landlord is required by law to repair and maintain the property and remove all hazards. Thus, when rats or other pests are getting in the property due to any disrepair, it’s automatically the landlord’s job to repair that area and treat the infestation problem as well.

Can landlord keep deposit for gardening?

A standard tenancy agreement will require the tenant to keep the grass and bushes trimmed, remove rubbish and regularly empty bins. unless specific damage has been caused to these areas as a result of tenancy. In that case, if the tenancy agreement allows, deposit deductions could be made to remedy the situation.

Can tenants put pictures?

Most landlords will be open to you hanging pictures and other items so long as any damage to walls is made good before the end of your tenancy agreement.

Can a landlord require a tenant to maintain a tree?

Where property is rented, the landlord may require the tenants to maintain any trees, this would be stated in the lease. If in doubt, contact both landlord and tenant. Q What about tree roots undermining a path? A The owner of the tree could be liable for the damage, particularly if they planted the tree knowing it could cause damage.

Can a landlord make a tenant prune a tree?

Tenants cannot be expected to perform tasks that require expertise. For example, a landlord can’t penalise a tenant for failing to prune a tall tree – it would be the landlord’s responsibility to make the relevant arrangements for this.

Who is responsible for the garden of a rented property?

If the tenant wishes to change the garden in any way (even making improvements) they are required by law to gain the landlord’s approval beforehand – this also includes planting their own garden. Failure to do so could allow the landlord to charge the tenant the cost of returning the garden to its original state.

Can a tenant have a BBQ in the garden?

Social events in the garden (such as BBQ’s) are permitted unless it is otherwise stated in the AST agreement. Therefore, if a landlord wishes to forbid such activities, it is important to include a clause in the AST agreement prior to the tenant signing.

Is the lower flat responsible for trees in leaseholder’s?

The lower flat owns the garden – it is specifically demised to them in their lease. They also have a covenant requiring them to maintain the garden which I do not have in my lease. There are two mature trees within the garden grounds.

Can a tenant plant their own garden at a rental property?

Even if you already have flowers or shrubs there, you could allow the tenant to use space in between, or forego planting flowers so the tenant can have that space. Once the tenant moves out, it’s not hard to reclaim that space for flowers once again.

Can a landlord cut down a tree on his property?

If a landlord decides to cut a tree on their property, whether for aesthetic or functional purposes, then there’s little you can do about it. However, landlords only have the right to cut back or prune trees that are on their property.

Can a tenant pick fruit from a tree?

Any damage caused by fallen branches may be the property manager/owner’s responsibility to repair. Arrangements about the collection and ownership of fruit should be included in the special terms of the agreement. If this has not been included, the right to occupy the property may give the tenant the right to pick the fruit during the tenancy.