Mowing/garden care included in rent - does gardener need to give notice to enter?

P

pipsal

I currently have someone mowing the yard every 3 weeks, and doing some garden maintenence as required at my property, and given that it is my PPOR and I don't intend to rent it out forever I want to keep that up while its rented to keep the (very large) garden manageable. I am not charging extra rent, but figure its worth it for my own piece of mind.

Anyway, the gardener and I were talking about how things would work when it is rented and he wanted to know if he should text the tennant and let them know what day/time approx. he will be coming like he does for me (as it is roughly 3 wkly, but depends on weather etc and is not on a set day). This got me thinking - it's supposed to b 7 days notice isn't it? Bit hard to always be able to do that in this situation. How would/could I work this....put it in the lease agreement that someone will be coming 3 wkly on an unspecified day/time, and that he will text them at least the day before to make sure its ok? Or would it have to be 7days notice each time?

Anybody have any experience with this kind of thing? I will ask whoever I get to manage the property, but in case its a new concept for them I'd appreciate any advice on what you think might be the best way to do this. Also, is this (gardening incl) something that would appeal to tennants as they get a nice garden but don't have to do work to maintain it, or would people be more inclined to do it themselves in a rental - I can't imagine so, but you never know....
 
I don't think the Act explicitly distinguishes between entering the gardens and entering the home, but obviously from a commonsense perspective there's a large difference.

If it were my property, I'd include a special condition in the lease stating that the landlord will pay for garden maintenance, and in return the tenant agrees to allow the gardener access to the exterior of the property without notice.

(Tell them you'll ask the gardener to text them, and that you believe that he will, but don't contractually obligate yourself to do so, or you run the risk of giving them grounds to break their lease due to unlawful entry, if they decide they want to move and the gardener forgets to text. ;))
 
My brother looks after the gardens on our places and my parents' IPs. We have never actually specified in the lease that he can enter at any time, but as we self-manage we are in direct contact during the initial "working everything out" part of the lease.

Only twice have we had trouble with him having to give notice. Once my mother had an issue with a tenant who, in retribution to being asked to produce proof of public liability insurance for lessons she was running on the premises, insisted that no entry without formal notification was allowed.

This tenant's difficult stance actually was also a result of a roof leak, where she would not allow the roofer/plumber to enter without giving 24 hours' notice. Meanwhile, her bed was being rained on. Go figure :rolleyes:. (In this instance, Mum would have entered anyway, as the insurance company would have insisted the damage be minimised - checked with the RTA that entry would be legal. However, as it was still raining and a Friday evening, the plumber was not prepared to get on a tiled roof in the rain anyway.)

Long story, sorry, but this was the history of this problem tenant. Due to the leaking roof and insurance issues, this lady said no entry without proper notice. On calling the RTA, it was decided that lawn mowing could be an issue and my brother dropped in entry notices for the remainder of the time this woman was there (several weeks).

The other time we have had an issue is right now, with a tenant who runs a business from home, and has clients at various times of the day. We don't issue formal notices, but use texting as a means of finding a day and time that she has no clients there. It works well and is not a problem.

My brother actually does call some tenants because with dogs on the premises, he needs to make sure he can get into the back yard to mow. It is a loose, fairly informal arrangement, and we have no problems or complaints from tenants.

This is very easy for him/us because we are available to tenants. I'm not sure how it would if we had a "middle man" between the tenant and us.
 
Just add something to the lease - I've rented places before where garden maintainence was part of the strata and you just got some bloke with a line trimmer in your backyard at random intervals, and if you weren't home and had washing out you'd get grass mush all over your washing.

I have to say that in the event we do end up renting out our house rather than selling it (selling it is awkward and slow, renting it not so much) I'd probably put something in that we come around and spray the weeds every X months. We'll be next door, easy to keep an eye on the place. Tenants aren't always the gardener type. I have gardener type tenants in my other house and they are doing as good a job as can be expected with the lack of rain we've had but I just got lucky.

You're the guy with the on-the-edge mortgage? You know, cutting down the frequency of lawnmowing might help your case :) Or picking up a mower for $20 somewhere and doing it yourself.
 
Thanks for your replies.

RumpledElf: I am the GIRL with the on the edge mortgage!;) Don't mind mowing, but I am away for work for 4-5 weeks at a time, and only back in town for less than 2 days before I head out again each time so am not able to do it myself. My cousins husband does it for me for mates rates of $40 which is 2/3 the price of Jim's mowing etc and he only comes every 3-4 weeks even in summer, so I can't cut it down much more!:)

Ozperp: I like the wording you suggested for the lease, thanks.
 
We manage a few houses where regular gardening is included. We just chose reasonable tenants, explain that the gardener will come approx every three weeks. In one house the only access to the back is through the (locked) side gate so he calls two days before to check an approximate time; the other houses he just comes along. First time knocks on door to say hi, and they talk about it, and work it out between them. Works fine.
 
My home has a garden contract and I have asked so many times to be contacted by the lawn guy to tell me when he comes but he never does.

They insist my dogs are outside only but to be inside when he cuts the lawn.

How do they expect me to leave home?
 
I have garden maintence with my ips and give the gardener the tenants mobile numbers and he texts them to say when he will be there.

He meets them the first time he goes and from then on they have an agreement that he gives them warning usually the day before.

Chris
 
RumpledElf: Lol....I did read the comment about wives/girfriends moving in, but I took it to be a general comment about the situation and that the "you" referred to whoever, not me specifically.:)
 
Be careful of breach of "quiet enjoyment"

If you don't have agreement in writing that you will enter from time to time - the tenant has a right to breach under quite enjoyment.

This is a very gray matter and there has been a few cases - can't recall them off the top of my head though.

If the relationship goes pear shaped and you do not have it in writing, you will be in the wrong.Be mindful that you may get accused of various things you may not have done.

Talk to your tenants and get this understanding in writing.

good luck.
 
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