What responsibilities do landlords have? What about tenants? It can be difficult to distinguish what you do and don’t have to take care of when it comes to your investment property. And if you’re wondering how long the landlord has for the final inspection, you might also be wondering if you’ve maintained the property well enough.
From pest control to fire safety to how much notice a landlord must give a tenant to move out, both landlords and tenants have responsibilities. Even when it comes to the notice to vacate due to the sale of the property. And don’t forget, landlords also have to give notice to tenants if they’re not renewing the lease.
To sum it up, here are some responsibilities that often cause confusion between landlords and tenants.
Garden maintenance
Unless the tenancy agreement states otherwise, it’s typically the tenants’ responsibility to take care of the garden and outdoor areas. This may include mowing the lawn, weeding, watering or pruning plants.
Garden maintenance will probably fall under the rental property expenses for the landlords.
Pest control
From rats and mice to termites and fleas, pest control encompasses a number of animal infestations.
When pests or bugs make their way into a rental property, it can cause conflict between tenants and landlords. So, who is responsible for dealing with the property maintenance here?
Determining who is responsible for managing pest control can be complex. In some local government areas, councils require landlords to arrange annual health and safety checks for their residential property to manage pests and vermin.
If this isn’t the case in your area, the first thing you should do is refer to your lease agreement. Some agreements may include a clause regarding pest control that can be used as a guide.
Referring to the Residential Tenancies Act 1997 can also be helpful. This act states that “the tenant must take reasonable care of the premises and keep the premises reasonably clean.”
This is important when looking at the context of a pest infestation. Is the pest issue related to the uncleanliness of the property? Is this a result of the tenant? Does the tenant have pets that could’ve bought pests such as fleas into the property?
If so, it’s the tenants’ responsibility. These are potentially the kinds of bills you must pay while renting.
If the pest issue isn’t directly related to the tenant, you can assume it’s the landlord’s responsibility to arrange pest control. Things like whether cleaning gutters is the landlord’s or tenant’s responsibility are also often stipulated in the lease agreement or the act.
While we’re on the subject, another unfortunate occurrence is mould, and the landlord is responsible for mould most of the time.
Fire safety
It’s the landlord’s responsibility to ensure a rental property is fitted with smoke alarms that are compliant with the relevant state or territory legislation. Smoke alarm rules vary across Australia, but generally they must meet Australian Standards.
Complying with the rules and regulations surrounding the type and installation of smoke alarms will ensure you can continue to lease your investment property and avoid non-compliance penalties.
To find out more about smoke alarm legislation, read BMT Tax Depreciation’s article Australian smoke alarms regulations and rules for landlords.
Additionally, gas and electrical checks for landlords are considered part of safety checks so landlords should be compliant on these.
Broken appliances
Landlords are typically responsible for issues like a failure of the gas, electricity or water supply, a breakdown of any essential service for hot water, cooking, heating, cooling or laundering, or a fixture such as a tap that’s broken and is causing substantial waste.
Individual appliances owned by the tenants are not the responsibility of the landlord.
If a landlord isn’t sure of this, include this in the list of questions to ask renters during the interview.
But generally, the renter should look out for broken appliances and bring them up with the landlord. Because in the inspection, the landlord or real estate agent are not allowed to look into cupboards if that’s where the appliances are.
Plumbing
A landlord should ensure the property, including its plumbing, is in a safe, suitable state for tenants. This can differentiate a bad landlord from a good one.
However, the tenant should be diligent in preventing any unnecessary issues from arising like a blocked sewer drain which tenant might be responsible for, depending on the lease agreement.
So, both parties play a part in the maintenance of plumbing in a rental property.
In the case of an emergency such as a burst water pipe, broken toilet system or serious leak, the landlord should be called to contact a plumber. If the plumber finds the issue was caused by tenant negligence, it would be the tenant’s responsibility to pay for the work.
If the landlord or real estate agent cannot be contacted or can’t attend to any urgent repairs in a suitable timeframe, the tenant can arrange for the repairs to be done.
It is advisable the tenant doesn’t pay more than $1,000 as the landlord is only required to pay for any reasonable costs up to this amount. The tenant must give the landlord or agent written notice about the repairs, costs and copies of receipts. The landlord is obliged to pay this within 14 days of notice.
In this scenario, the tenant must be able to show that:
- the problem was not their fault
- they made a ‘reasonable’ attempt to contact the landlord/agent
- they gave the landlord/agent a ‘reasonable’ chance to do the repairs
- the repairs were carried out by a repair person named in your tenancy agreement where possible or by a licensed or qualified tradesperson.
Injuries in a rental property
There are certain circumstances where a landlord can be held liable if personal injuries are suffered by a tenant or guest at a rental property. It’s important to understand both tenant and landlord rights and responsibilities should any issues arise.
According to Aandi Lawyers, a comprehensive general liability policy is well-tailored in accordance with the landlord’s requirements and the condition of the property and assets inside. A general liability product will depend upon on the type of use of the property, so it’s important to discuss with your insurance broker.
The policy usually provides liability insurance, covering personal injuries or damages suffered by others, and even the cost of defending personal injury lawsuits if the problem is caused by the defective conditions of the property.
A landlord, especially one with multiple rental properties, should already have proper insurance in place. Learn more at BMT Insurance.
For the landlord to be held responsible for an injury on the demised premises, the following elements must be proven:
- the landlord must have the duty of care to maintain the particular portion of the property where the accident happens
- the landlord fails to take reasonable steps to avert the accident (such as providing warnings)
- fixing the dangerous condition of the premises would not have been unreasonable
- the accident is foreseeable given the condition of the defects
- the landlord’s negligence directly caused the accident
- the tenant suffered injury
If a claim is established and proven, then the tenant can claim for medical bills, pain and suffering, loss of income, emotional distress, permanent physical disability and personal property damage.
Damage
Who is responsible for repairs in a rental property? It’s a common question that’s often confusing for both tenants and landlords. To learn about damage in a rental property, read When is damage a landlord’s responsibility?
No matter what journey you’re embarking on, having the right guide can make all the difference. If you’re stepping into property investment, especially as a first-time landlord in Australia, you’ll need all the tips and tricks you can get. Get all the essential information from this comprehensive first-time landlord guide and set yourself up for success.
Landlords also enjoy reading:
- Some basic landlord laws you should know
- Landlord insurance: what is it and do you need it?
- Top tips for first time landlords
Tenants also enjoy reading:
- Rental application tips to secure your dream property
- How to make your rental feel like home
- Rental bidding – what is it and what do you need to know?
Wrapping on on landlord-tenant responsibilities
In conclusion, both landlords and tenants have distinct responsibilities when it comes to the maintenance and management of a rental property. Understanding these responsibilities is crucial to avoiding conflicts and knowing what to expect when it comes to the tenant compensation for inconvenience. When it comes to communication, landlords also must address requests for urgent repairs quickly and efficiently.
Some key areas of confusion include garden maintenance, pest control, fire safety, broken appliances, plumbing, injuries in the rental property, and damage. But even things like a notice of entry are needed as administrative formality when a landlord enters the premises.
Garden maintenance
Regarding garden maintenance, tenants typically bear the responsibility unless stated otherwise in the tenancy agreement. Pest control can be complex, with the responsibility depending on various factors such as lease agreements, the Residential Tenancies Act, and the cause of the infestation.
Safety
Fire safety, including the installation and compliance of smoke alarms, falls under the landlord’s responsibility. Broken appliances owned by the tenants are generally their own responsibility, but landlords should be informed about any issues. Plumbing maintenance requires cooperation from both parties, with landlords ensuring the property’s plumbing is in a safe condition, and tenants being diligent to prevent unnecessary issues and reporting emergencies promptly.
In cases of injuries in a rental property, landlords may be held liable under certain circumstances, depending on their duty of care, negligence, and foreseeability of accidents. Landlords should have appropriate liability insurance to protect themselves and their tenants. When it comes to damage, the responsibility for repairs in a rental property can vary depending on the circumstances. It is essential for both landlords and tenants to be aware of their rights and obligations in this regard.
By understanding and fulfilling their respective responsibilities, landlords and tenants can create a harmonious living environment and maintain a positive rental experience. Clear communication, adherence to lease agreements, and knowledge of local laws and regulations will contribute to a successful and mutually beneficial landlord-tenant relationship.
