Tenants Required to Remulch Garden on Exit - Perth

Discussion in 'Property Management' started by rhinsor, 17th Dec, 2015.

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  1. rhinsor

    rhinsor Well-Known Member

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    Howdy folks,

    Just been having a 'discussion' with a random property manager in Perth.

    They are telling me that if written in a tenancy agreement and signed by a tenant, the tenant is required to pay for mulch for the garden if it is already mulch.

    Can this special condition over right what is classified as wear as tear?
    They said they have got this through court before.

    @thatbum any help?
     
    rhinsor, 17th Dec, 2015
    #1
  2. wylie

    wylie Moderator Staff Member

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    Sounds wrong to me as a landlord. I would never expect a tenant to replace mulch that breaks down as nature intended.
     
    wylie, 17th Dec, 2015
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  3. thatbum

    thatbum Well-Known Member

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    I do enjoy discussions with random property managers about tenancy law issues.

    In this case, making a tenant pay for mulch is almost certainly a maintenance issue - so not enforceable over the general legal position for maintenance.

    As for "getting it through court", I doubt it was ordered after being a live issue in a defended hearing. Or if it was, maybe it was before the July 2013 amendments.
     
    thatbum, 17th Dec, 2015
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  4. Spanna

    Spanna Well-Known Member

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    I have been made to pay gardening bills which included remulch. (In court)
     
    Spanna, 17th Dec, 2015
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  5. wylie

    wylie Moderator Staff Member

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    Crikey. If I was a potential tenant, I would refuse to sign this (probably lose the rental too) or ask the landlord to come and take the mulch away so it is gone and I don't have to replace it. What a rip off. No wonder my tenants like me. I'm reasonable.
     
    wylie, 17th Dec, 2015
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  6. Wall Street

    Wall Street Well-Known Member

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    It's mulch! Is it really make or break for the LL if the tenant does it??
     
    Wall Street, 17th Dec, 2015
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  7. rhinsor

    rhinsor Well-Known Member

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    I don't understand how a court can approve it. The original mulch is still there, just flatter.
     
    rhinsor, 17th Dec, 2015
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  8. wylie

    wylie Moderator Staff Member

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    Are you saying as a tenant you would be happy to have some mulch delivered, or collect it with a trailer and spread it around before you leave? Or are you saying it is unreasonable for a landlord to ask or expect this. I think it is crazy talk. I would never ask or expect this of a tenant.
     
    wylie, 17th Dec, 2015
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  9. Wall Street

    Wall Street Well-Known Member

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    Poor wording on my part... I had never even thought of asking a tenant to do that as it's a bit of an insignificant thing IMO. I'd rather find a good tenant who pays rent and doesn't destroy the house, instead of one that can mulch a garden.
     
    Wall Street, 18th Dec, 2015
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  10. Perthguy

    Perthguy Well-Known Member

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    haha. me too. I am happy if the tenant weeds the garden and doesn't kill all the plants :)

    @rhinsor, IMO not enforceable. It's like the special condition: tenants must have the professionally steam cleaned at exit. This is not enforceable either but a lot of property managers think it is.
     
    Perthguy, 18th Dec, 2015
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  11. Jackson

    Jackson Active Member

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    No chance they will be successful in court. If anything they probably got the orders by default (eg tenant did not lodge a dispute to their application).
     
    Jackson, 18th Dec, 2015
    #11