Top Dressing?

Discussion in 'Property Management' started by Foreshadow, 10th Oct, 2021.

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  1. Foreshadow

    Foreshadow Well-Known Member

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    So I was out yesterday walking the dog, and came home to my Gardner (lawn mowing including in the rent) in the front yard spreading out top soil on my front lawn. I walk around the back to see he’s already been out there and spread top soil everywhere.

    Now I am stuck with a dog that wants to dig everywhere in the fresh soil, and the prospect of a mud pit with 4 days of rain due from tomorrow. My dog is an inside/outside dog, and now I can’t even leave him unsupervised outside.

    Why this was done in the first place, for a lawn that was already in good condition is beyond me. Never once received a request from the RE that this was to be done. Surely they cannot claim this is part of general maintenance and is agreed upon as is with the lawn mowing. I am tempted to complain, however the lease is due to renew in <12 weeks so I am worried about how this will effect any proposed rent increase.

    I have never considered doing this for one of my properties.
     
  2. Dan Wood

    Dan Wood Well-Known Member

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    Seems like usual garden maintenance to me. Not sure why you're getting so worked up about it.

    You said yourself your door is indoor/outdoor. Just keep it indoors for awhile.
     
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  3. Foreshadow

    Foreshadow Well-Known Member

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    My main problem is there was zero notice given, and if I was asked I would of pushed back on it, as it was something that did not need to be done. I am also upset that both my front and back yards are now basically unusable, I can’t take my dog out there without spending 10 mins cleaning him off.

    Am I being unreasonable
     
  4. MB18

    MB18 Well-Known Member

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    I dont think you are being unreasonable at the lack of notification part.
    The cycnic in me thinks that with this maintaince being done 12 weeks before lease expiry your place might be up for the summer selling season.

    I've had unannounced 'maintaince' just before lease expriy. In actual fact it was being prepped for redevelopment.
     
  5. Dan Wood

    Dan Wood Well-Known Member

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    A bit yeah, the gardner may have just decided to put the dressing on.. It can help with a lot of things.

    The agent and owner may not of even known that was going to be done.

    Honestly, it's done and it's not like the gardner can undo it...

    If you complained what resolution are you looking for? What do you realistically expect to get?
     
  6. wylie

    wylie Moderator Staff Member

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    Does the mowing man give you notice? If not, then topdressing is just part of his job and I'd expect he would just turn up and do it, the same as he turns up and mows the lawn.

    If I'd organised our mowing man to top dress, I'd let the tenant know, but I think this is a bit of a grey area really. Keep the dog inside for a few days or let him dig in the new top dressing and wash him. I know what I'd do... keep him inside for a few days and supervised outside so you don't have to wash him.
     
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  7. wylie

    wylie Moderator Staff Member

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    Let me add that at times you have to push things a little. We have tenants who removed smoke detectors, called me (they have my number) and the agent. Visit by smoke alarm company was arranged directly with the tenant, to suit them, and when he turned up, was not allowed inside.

    Other times, they've texted me to ask when the lawn will be mown. I have a contract with the lawn mowing guy, who fits it in when he fits it in. If the tenant is not paying for the service, I fail to see what it has to do with him whether they will be there exactly when it suits them. Waiting a few days due to rain or scheduling isn't going to inconvenience them, surely?

    So... sometimes you just have to push things through. If your landlord asked your permission would you have agreed? Any time the grass is top dressed you would have to keep the dog inside. Why not now?
     
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  8. Foreshadow

    Foreshadow Well-Known Member

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    Yeah I would of said No. Reason being is the dog is only 4 months old, and has only ever known the COVID life of having us always around. We are doing our best to do timed separation outside with him in preparation for when we are back at work full time, and he will be alone outside all day. Leaving him out in a backyard of just dirt now is not an option and has put us back along way with the training we had already done.

    My main gripe is the zero communication, there was no urgency for this to be done now, and could of been put off for a few weeks. Being an owner of multiple properties and renting I see things from both sides. This is just not something I would never have done with my tenants.
     
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  9. Ronen

    Ronen Well-Known Member

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    It seems you're interested in full control over the property you live in, including the schedule of maintenance work that fits into your routines, future plans and pet's routine.

    That's great, but to get all those, one needs to actually own the place.
    Then you'll have full control over everything.

    You're renting the place.
    The landlord employs a gardener, most probably cause they want to keep the garden upkeep, both for yourself and for the tenant who'll come after you (or for sell).
    Gardener deemed the lawn needs maintenance.
    Now you're saying you would have said "no" if they ask you about the dressing - meaning you're expecting the landlord to maintain their own property based on your desires, while you have no skin the game;
    You can leave tomorrow, the garden will look like crap and the landlord will have to deal with it.

    If you ask me - you are being unreasonable.

    Tenants are crying if the property is under-maintaned.
    Tenants are crying if the property is well-maintaned.

    If it doesn't work for you, you're having a way out in 12 weeks.
    Lucky you.
     
    Last edited by a moderator: 11th Oct, 2021
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  10. thatbum

    thatbum Well-Known Member

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    This is a ridiculous take on things and completely incorrect legally.

    Access to a rented premises by a lessor requires notice - even for maintenance.
     
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  11. Ronen

    Ronen Well-Known Member

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    And I'm sure, like always, that you know the arrangement between the OP and their landlord regarding the gardening access.
    I don't know, maybe it's just me, but it seems the OP has no issue with the gardener being there, only the fact that they did top dressing.
    The title of the thread kinda suggest the same.
     
    Last edited by a moderator: 11th Oct, 2021
  12. B7B

    B7B Well-Known Member

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    So even though the Gardening is included as part of the rent/lease. (Would have been agreed upfront). Your saying the Gardner has to give notice before entering.
    The tenant would have agreed so as to have the convivence of not being responsible, the trade off would be Gardner can come on a schedule or as need basis to do the required. Possibly as part of the special conditions of the lease. Reads like they have been coming and going already throughout the term of the lease with no issue, so the tenant appears to have no issue with the terms of the Gardner's access, just the work the Gardner chose to do.

    Now because the tenant has a puppy they want to control that part of the agreement.

    You can do controlled separation of the puppy without having to put it in the yard, usually started with crate training the puppy over several weeks. Moving to different part of the house where they can't see you. etc
     
  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    This is why I would never include mowing in the rent!
     
  14. Scott No Mates

    Scott No Mates Well-Known Member

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    @Foreshadow - it's a sign of a good landscaper/owner who's willing to undertake spring topdressing (at the right time/just prior to rain) to make the lawn look in tip top shape for summer. Now do your bit and water it for a few days.
     
    Last edited by a moderator: 11th Oct, 2021
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  15. thatbum

    thatbum Well-Known Member

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    I thought "lawn mowing" was included the lease. Have you changed the term now so that the lessor can do whatever they want with the garden with no notice? Or whatever the gardener wants to do?

    It sounds like the previous access involved the lawns being mowed.

    I don't get what your legal logic here exactly?

    The above goes for you too. Please, tell me what sort of "arrangement" would make what the OP describes as being completely legal. Keeping in mind you can't contract out of the standard terms of the lease and legislation.
     
    Last edited by a moderator: 11th Oct, 2021
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    "Lawn/garden maintenance" otherwise you could mow the grass but not trim the edges or blow all of the cuttings into the neighbour's yard.
     
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  17. Foreshadow

    Foreshadow Well-Known Member

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    Maybe I'm wrong, but I make a distinction in general lawn moving / trimming the hedges, every month, and doing a trailer load of top soil.

    One has zero impact on me, the other makes my backyard basically unusable for atleast a week. As I am the one paying the rent, and noone can claim this was urgent maintenance, I fail to see anything except a quick phone call / notice is in order.
     
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  18. thatbum

    thatbum Well-Known Member

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    That doesn't give permission for access each time though.

    Even necessary maintenance requires 2 days notice.
     
  19. Scott No Mates

    Scott No Mates Well-Known Member

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    Programmed maintenance, tenant has agreed that the LL would arrange the works on a daily/weekly/fortnightly/monthly basis.
     
  20. WattleIdo

    WattleIdo midas touch

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    Yeah, it's weird. Must cost a bit to top dress. I guess if the lawn's in good condition, they might do it every year.It's f'd that there was no notice at least. I wouldn't say anything though - except to find out if he's selling. At least it's not the landlord himself. Some weird replies here too - entitled alright. Happy to get the rent but still don't understand how it works when someone pays them for exclusive use of a property.
    Could be a lot worse.I once came home to find my landlord's son in my shower! Plenty of dh LLs around. 'superior' or something.
    Yeah, unfortunately not.
     
    Last edited: 10th Oct, 2021
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