When it comes to rental properties, clear understanding of maintenance responsibilities ensures both tenant satisfaction and landlord compliance with legal obligations. One of the most common gray areas is the upkeep of gardens and outdoor spaces—specifically, who is responsible for pruning trees in a rental property. This article provides a detailed, definitive guide to understanding the division of responsibilities between landlords and tenants regarding tree and garden maintenance.
Garden Maintenance vs. Tree Pruning: Defining the Scope
Routine garden care such as mowing lawns, watering plants, and weeding generally falls under the tenant’s responsibilities. These are considered minor upkeep tasks necessary to maintain the rental property in its received condition. However, pruning trees, especially larger or mature ones, often exceeds the expectations of standard tenant duties. The legal distinction hinges on the level of expertise, equipment, and risk involved in such work.
In general, tenants are not required to carry out tasks that involve potential hazards or professional knowledge. That’s why who is responsible for pruning trees in a rental property is a matter of frequent discussion.
Legal Framework Across States and Territories
Each Australian state and territory applies its own Residential Tenancy Act or equivalent legislation, which influences how maintenance responsibilities are allocated. While specific wording may differ, the overarching principle is that landlords must ensure the property remains in a reasonable state of repair and complies with safety regulations.
Tree pruning, especially when branches encroach on neighbouring properties, pose a risk to buildings, or block light, is typically the landlord’s obligation. This is particularly true when professional arborist services are necessary.
Tenant Obligations Under Standard Lease Agreements
Most standard lease agreements contain clauses related to garden upkeep, often requiring tenants to:
- Maintain lawns and garden beds.
- Remove weeds and litter.
- Water plants and grass regularly.
These terms, however, rarely extend to the pruning of large trees or the removal of invasive roots. If the foliage or tree limbs interfere with power lines or structures, it becomes a landlord’s responsibility to resolve the issue promptly and safely.
When Pruning Becomes the Landlord’s Responsibility
The following scenarios clearly indicate landlord responsibility:
- Trees present a safety hazard or legal liability.
- Pruning requires climbing or use of specialised equipment.
- Local council or strata laws require tree maintenance.
- Roots are damaging plumbing or foundations.
In these cases, the landlord must arrange professional tree services to assess, prune, or remove the tree, and cover all associated costs.
Grey Areas and Dispute Resolution
Disputes often arise when expectations are not clearly outlined in the lease. Tenants may prune small shrubs or hedges voluntarily, but once height or equipment becomes a factor, the situation becomes more complex. Disagreements can be escalated to a tenancy tribunal or resolved through property managers by referring to maintenance clauses in the agreement.
A clear clause in the rental agreement stating which party is responsible for what aspects of garden and tree care can prevent unnecessary conflicts.
Cost Allocation and Professional Services
When pruning is necessary, particularly for insurance or compliance purposes, the landlord should organise and pay for:
- Professional arborist assessments.
- Tree lopping or removal services.
- Council permits, where applicable.
Tenants should not be charged for tree-related works unless explicitly outlined in a signed agreement and they relate to damage or neglect caused by the tenant.
Routine Inspections and Property Safety
During periodic property inspections, landlords and agents must assess not only the condition of interiors but also the garden and external areas. Overgrown trees, blocked views, or dangerous branches should be documented, with a schedule for pruning or trimming if required. Maintaining this part of the property ensures tenant safety and avoids potential legal ramifications.
Insurance and Liability Implications
Failing to prune trees when necessary may void insurance policies in the event of damage during a storm or high wind event. Both public liability and landlord insurance policies often stipulate regular upkeep of vegetation to reduce risk exposure. Landlords should keep a documented schedule of maintenance and work completed to ensure coverage remains intact.
Importance of Communication Between Tenants and Landlords
Open dialogue helps avoid confusion. If tenants are unsure about pruning responsibilities, they should contact the landlord or agent before taking any action. Likewise, landlords must be proactive in arranging services when tree maintenance exceeds general garden upkeep.
A formal written request, along with photos of overgrown or dangerous branches, is a reliable way to initiate this process.
Suggested Lease Clause for Clarity
To ensure legal clarity and practical understanding, consider adding this clause to lease agreements:
“The tenant is responsible for general garden maintenance including mowing, weeding, and watering. The landlord is responsible for any tree pruning, trimming, or removal where height exceeds 2 metres, risk is involved, or professional services are required.”
This addition prevents future disputes and sets realistic expectations for both parties.
Understanding who is responsible for pruning trees in a rental property is essential for maintaining harmony between landlords and tenants while ensuring safety and legal compliance. While tenants must uphold basic garden care, tree pruning often falls under the landlord’s domain due to the skills and risks involved. Clear communication, detailed agreements, and proactive maintenance are the best strategies to ensure responsibilities are respected and disputes are avoided.
