Maintenance Obligations of Landlords and Tenants

In simplified terms, landlords and tenants share the responsibility for maintenance and repairs to the property. For example, landlords are required to attend to utility-based problems, such as blown light globes and plumbing issues, whilst tenants are required to attend to maintenance activities such a mowing the lawns or tending to the gardens. Nevertheless, a more complex breakdown of their responsibilities is outlined below:

Damage caused by the tenant

Any damage caused to the property by the tenant (either intentionally or unintentionally) or by visitors at the property fall within the tenant’s responsibility. When this occurs, proper procedure outlines that the tenant should report the damage to the landlord and repair it within a reasonable time.

Domestic Appliances + Property Alterations

Domestic appliances, such as an oven, air-conditioner or gas-heater must be maintained by the landlord. However, at the beginning of their agreement, the landlord must provide a list of the all the appliances included within the lease and provide a manufacturers’ manuals or instructions on how to use them. If the landlord does not fulfill this requirement, then the tenant cannot be found liable for damage caused while using the appliance.

If a tenant wants to add something to the property, they must receive written consent by the landlord. Furthermore, anything that is added with written consent, must be removed at the end of the tenancy, unless it is agreed upon by the landlord that it can remain. In addition to this, tenants are responsible to repair or pay for the damage, if any, caused by the removal or installation.

Pests

The responsibility for the removal of pests is directly affected by when the pests begin to infect the premises. For example, in circumstances where infestation occurred at the beginning of the tenancy, the landlord is usually responsible for the removal of the following pests:

• Ants
• Bees and wasps
• Cockroaches and spiders
• Mice and rats
• Snakes

However, if infestation occurred during the tenancy, then the tenant will most likely be found to be responsible for removal of the following pests, whilst the landlord will be responsible for sealing off any entry points.

• White ants
• Possums
• Birds

Security + Smoke Alarms

It is the landlord’s responsibility to ensure that the property is secure through the installation of appropriate measures such as locks and gates. Furthermore, it is the landlord’s responsibility that all properties have a working smoke alarm installed. In some instances, more than one working smoke alarm will be required.

Given this, if you are a landlord or tenant and you are either contesting maintenance liability or would like to know your obligations, Straits Lawyers are here to help you.

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Please note that this article does not constitute legal advice, and HandO Lawyers will not be legally responsible for any actions you take based on this article.