Termite Hills in Backyard - Tenant Lax

[Tom Alaka]

Hi All,

I’ve recently found out there are some termite hills in the yard of my regional IP. Nowhere near the house (huge yard), so no issue as to property damage.

Apparently the termite hills have been there for several months now, with my tenant’s full knowledge and he has done nothing about it (i.e. attempt to eradicate, or contact the agent), until now where he contacted the agent about it.

The tenants complaints are coinciding with renewal of the tenancy , and the tenant not wanting to pay the (modest) rental increase on the basis of the termites (remarkable coincidence don’t you think?)

Because of the inaction, the termites have spread and we now have more mounds to deal with, as well as some trees infestation. The tenant has also been lax in moving the lawn, so this may have added to the problem.

I am most upset that the tenant’s inaction has greatly exacerbated the problem. I am also upset at the agent for missing the issue in their last inspection, though I do not know how visible the issue was to the agent when they last inspected.

( yet to find out what the monetary hit would be for fixing the problem, I’m awaiting quotes).

So do I have any recourse as against the tenant at all for this? (I’m guessing nothing to be done except tell him to go at the end of the tenancy).

Is the tenant is legally obliged to take care of termite issues on the property, which are in no way connected with the dwelling?

Cheers,
Tom

 

[marg4000]

I can't see how you can hold the tenant responsible for termites. Eradication will be your responsibility.

You say it is a big yard - possibly if the termites are some distance from the house then the PM may have a good reason for not having seen them.

We always inspect our IPs at least annually, and specifically look for looming problems or plans for future improvements.
Marg

 

[natmarie73]

Hi All,

Is the tenant is legally obliged to take care of termite issues on the property, which are in no way connected with the dwelling?

No. Everything to do with the upkeep of the property is your responsibility.

 

[jaycee]

Hi Tom

Pesky lil buggers termites. The tenant could have done nothign about them. All he would have done had he tried to get rid of them, is disturbed the nest & they would have had to build another one somewhere else, maybe far away, maybe close to your house (?). The only thing you can do is call a professional, well a pest controller anyway;-) - especially seeing the nest they can kill it , and inject a perimeter to stop any termites being ableto get into the house. It's impossible to sto pt he buggers coming onto a property unfortunatley - sure big lumps of timber laying about nice & moist is attractive food for them, but your house alone, with a concreted backyard can be enough of an attraction for them to set up home. By the sounds of it, big nest.. is the area known for nasty termites ? Even if you/tenant/pest controller just kill the nest(most pest controllers won't or will charge you 3/4's of th eful lprice for injeting the barrier aswell anyway)

 

[tiger]

Are you sure they aren't in the house... I'd get it checked anyway. I just pulled out of a sale as termites were everywhere and had spread to a detached granny flat which was a good distance from the house. The pesky things can spread fast.

 

[jaycee]

also a part of what the pest contoller will do (check the house & kill tem where found)