Cleaning out of gutters/storm water...

Good morning all, not sure whether this topic belongs in this subsection - or whether legal issues would have been more appropriate.

To give you a quick rundown...

Brissie had a rather large amount of rainfall last night and the gutter on the driveway of an IP (sloping property) was blocked with leaves/soil - (hadn't been cleaned for a number of years) and had a large amount of compost/leaf matter in it. Due to this, water was unable to escape and hence went under the roller door (downward slope) and into the garage causing a mini flood and tenants received minimal damage to their posessions underneath the garage.

I was reading in another thread that it was the owner's job to clean out the gutters, but does this go for stormwater gutters/drains as well? It was located on the driveway, just in front of the tilt-a-door.

Could we be asked to pay for cleaning costs for the garage/damaged/wet items?

Is it up to the property managers to keep an eye on this?

This was not even mentioned in the condition report (tenants only moved in 4 weeks ago), although it has obviously happened in the past as the garage shows signs of water damage around the walls and there is a fair build-up of mildew in areas under there.

Tenant claims it wasn't clean when she moved in and spoke to the property manager about this issue last week.

Any ideas where to look for legal legs to stand on or whether this has happened in the past to anyone? Did a quick search of past posts but couldn't come up with much.

Any help would be greatly appreciated!
Replying to my own topic, found the information below - but couldn't track down anything in regards to damage to tenant's belongings.

Who is responsible for the maintenance of drains and drain pipes?

The Residential Tenancies and Rooming Accommodation Act 2008 or the standard terms does not make a specific reference to drains or drain pipes. Blocked drain pipes If the drainpipe blockage is a result of fair wear and tear, the lessor would be responsible for ensuring that the drainpipes are returned to a working standard and maintaining them in a fit standard for the tenant. An example of this would be a drain blocked by tree roots. Act s 185 - Lessor's obligations generally If the tenant has caused the blockage, i.e., by putting an item down the drain, they may be responsible for the removal of any item/s that caused the problem, and the costs associated with removal of such items.

Last Updated: 07 July 2009