NSW Can tenants perform maintanence tasks?

Are there certain things I can request the tenants to do - for example clearing the aircond filter once a year? I have a gutter that seems to get clogged up with dirt over time, can i ask them to clear it once in a while. This is at ground level so I cant seem to find a way to keep the debris out - gutter guard does not work.

 

Are there any documented guidelines on what we can ask the tenants to do?

 

Air con filters are a tenant responsibility, gutters used to be a tenant responsibility however in more recent times it has come to be accepted that anything above arms reach eg gutters, cutting back larges trees etc will be a landlord responsibility to limit the risk of tenant injury/litigation

 

Trees I can understand but gutters that are on the ground and don't require getting a ladder?

 

My lease specifically says I (a tenant) cannot perform maintenance, it also says that I must keep aircon filters clean.

I guess it ultimately depends on yours and thier definition of what constitutes maintainance.

I personally take the line of considering something my responsibility if the job can be done with supermarket brought products and does not requiring any special equipment such as a ladder.

I've only ended up in disagreement once for not clearing mould from a wooden balcony as it needed water blasting and I didnt have one.

 

I think most PMs and lessors generally overreach with what they think they can make a tenant legally do.

Tenants have to keep a place reasonably clean. Lessors are responsible for maintenance. It's as simple as that.

Even some of the examples in this thread I would say are not quite right in terms of what a tenant is responsible.

Its obviously fine to ask a tenant whether they are willing to do something above what they might be legally obligated to do, but at least be respectful about it if you are.

 

I agree that tenants shouldn't be performing maintenance where there is a risk of legal liability should tenant perform such a task and injure themself, such as being on ladders cleaning gutters etc.

However, I would like your opinion on two general maintenance practices such as changing light globes or keeping the lawn mowed.

My expectation is that tenants are responsible for these and if they do not feel capable of doing it themselves they can always get a contractor in.

 

keeping the lawn mowed is part of keeping the premises reasonably clean isn’t it? Wouldn’t have thought it had anything to do with maintenance.

light globes are a bit more grey, it’s generally accepted as a tenant responsibility unless access isn’t possible or the globes can’t be changed without an electrician

 

I understand they are generally industry practice, but there's actually no basis for law in them (in nearly all states anyway). I don't think there has been any cases regard everyday light bulb issues, but I have seen some about lawns.

Off the top of my head, I suspected the line was that the tenant might be responsible to water the lawns/garden, and raking leaves, but otherwise nothing else in terms of mowing/weeding/pruning.

It's pretty hard to see how mowing could be defined as a cleanliness issue rather than a maintenance issue.

 

Tenants responsibility for both lawn maintenance and light bulbs in NSW.

If you have a look at the last paragraph under the first heading here it does stipulate this:
Repairs, maintenance and damage when renting

 

Yeah see I have no idea what the legal basis for the lawn and garden claim in that info sheet is from. Any ideas? Its not in any legislation.

In NSW light bulbs are somewhat more arguable as a tenant responsibility since its in the standard agreement, but again there's no actual basis for it in any legislation.

 

@giraffez what sort of house has gutters so low that you can easily reach them from ground level?!

 

There are two types of gutters, those attached to the roof, and drainage ones on the ground to direct water flow.

 

OH! I've never heard of these being referred to as gutters before.... I'd just call them a drain. Thanks @Marg4000

 

lol my bad