An important topic for discussion of many property owners at the moment is – “Who is responsible for property maintenance issues”. If you are a rental provider, it is very important is determine who is responsible for different types of maintenance.
Before a tenancy begins, the property owner must ensure the premises meets all requirements and in a reasonable state of cleanliness and repair.
During a tenancy, the renter is responsible to report any maintenance issues as well as keeping the property reasonably clean at all times. At the end of the tenancy, the renter must ensure the property in a similar condition to how it was at the start of their tenancy, taking into account normal use (fair wear and tear).
The three main areas of maintenance that can cause disputes between rental providers and renters.
During the tenancy, the landlord or property manager must keep the premises in a reasonable condition and comply with Victorian building and tenancy laws. The Landlord/ property manager are responsible for the upkeep of the property unless the tenant have intentionally or neglectfully damaged it.
Generally, mould found at the property is the responsibility of the renters, unless it was caused by faults in gutters or other fixtures which were pre-existing at the property. The renter must ensure that there is adequate ventilation in each room to avoid mould issues, which are typically found during the colder months of the year where moisture can build-up inside the property.
The renters are generally responsible for basic household maintenance, like replacing light globes, vacuuming, cleaning windows, dusting and removing cobwebs inside and out.
Unless otherwise stated in the rental agreement, the renter is responsible for garden maintenance, such as mowing, weeding and pruning.
If the renter becomes aware of any potential damage to any parts of the exterior of the property such as gutters or a water leak, the tenant must advise property manager immediately. If the damage is apparent and the renter fails to report it within a reasonable time frame, the renter may be liable for any damage costs.
The rental provider is usually responsible for maintenance of any garden reticulation system, tree lopping, cutting back overhanging branches (such as those near power lines or guttering).
If the rental property has a swimming pool or spa, the renter is usually responsible for keeping the pool or spa or any associated equipment in a properly, treated and in a clean condition unless otherwise stated in the rental agreement.The renter must also observe all legal requirements relating to pools or spas during the period of the tenancy.
The rental provider and property manager together are responsible for ensuring the pool or spa is ‘child safe’ and complies with pool safety standards and requirements. If the renter becomes aware of any safety concerns relating to the swimming pool or spa, they must report these concerns to their property manager as soon as possible.
At the start of the tenancy, the rental provider and property manager must make sure the water is clean, chemically balanced and the pool and equipment is serviceable. The renter should also be provided with the necessary tools and equipment for day-to-day maintenance, such as vacuums, hoses, brushes and scoops.
Unless your written agreement states otherwise, the renter is responsible for the day-to-day maintenance and upkeep of the pool.
