Rental Property Lawn: Who Is in The Right?

emeraldgreen on 02/12/2023 - 10:30
Last edited 02/12/2023 - 12:31 by 1 other user

Hi OzBargainers,

I’m asking for my in laws as they’re not on OzBargain.

They’re renting a property in NSW aerial view Basically they rent a main house and there’s a flat on the side with another tenant living there whom they do not know.

They’ve been mowing their part of the lawn including the backyard and did not do any of the lawn in the corner as it’s on the side of the flat. Upon routine inspection, the agent asked them to mow everything including the lawn on the side of the flat. There have been a few exchanges between them and the agent and the landlord. The landlord is adamant that it is my in laws’ responsibility to mow everything because the previous tenants did and the tenant in the flat doesn’t need to mow any lawn. The contract is very general in terms of mowing the lawn as in they need to keep it tidy and such but doesn’t specify which part of the lawn is theirs. The agent said if they don’t mow that part of the lawn, they are going to get external mower to do it and bill my in laws the cost.

Personally, I feel that it is unfair for them to have to mow the lawn that’s not on their side of the rental while the tenant in the flat doesn’t have to do any.

What are your thoughts? Do they just have to suck it up and mow everything (they’re quite old so it’s a struggle) or can we take it up to NCAT or other authorities?

Thank you.

Edit: This is Street view if it helps.

Home & Garden

Comments

  • Protractor on 02/12/2023 - 10:39

    The beginning of the end.

    EDIT: Get multiple contractor quotes for the bit you you mow now, and the part don't do, and negotiate from there.There needs to be a $$ value in the face of all parties, including that lazy bastard hiding in the flat.

  • Mechz on 02/12/2023 - 10:45
    +2

    Check the lease agreement.

  • MS Paint on 02/12/2023 - 10:46
    +16

    More importantly - does the dishwasher work?

    • DashCam AKA Rolts on 02/12/2023 - 12:41
      +1

      How old are the tires on the mower? Are they run flats?

    • Sye on 02/12/2023 - 13:04
      +2

      No. It's making funny noises and the check engine light is on.

      • MS Paint on 02/12/2023 - 13:44
        +2

        Ok. Bring it in every 2000kms. If it makes more noises just keep using it as per normal.

  • pegaxs on 02/12/2023 - 10:52
    +8

    Tell them that is ok to call someone in to do the yards, as long as the other tenant is also being billed for the same yard work, assuming they both have access to the yard.

    If they don’t have equal access to the yard, your in-laws only need to mow the part of the yard that they have access to. Let the other tenant mow their portion.

    • JimmyF on 02/12/2023 - 11:18
      +4

      If they don’t have equal access to the yard, your in-laws only need to mow the part of the yard that they have access to. Let the other tenant mow their portion.

      Agreed, the piece of the puzzle missing is who has access to the area and who uses it. As they are the ones who should be mowing it.

  • Sye on 02/12/2023 - 10:53
    +3

    Nice MS Paint job.

    Do they just have to suck it up

    When doing grass that's how you do it.

    • JimmyF on 02/12/2023 - 11:17
      +4

      Gees, how hard is it to be a good tenant and a good neighbour and mow the whole lawn. What would that take, five minutes?

      It appears the area in question isn't used by the OP and would be more used by the flat. So the problem with your statement, is the OP is the one always being the 'good neighbour' by mowing the grass, the flat neighbour is never going to be a 'good neighbour' and return the favour. So are you being a good neighbour or just being walked over? Why stop there, OP should mow the neighbour on the other side too!

      That's the difference between a nice person and a complete you know what, doing slightly more for other people than you absolutely have to.

      So the OP would be the nice person and the flat neighbour would be scum of the earth as they never mow the lawn or do anything for the OP?

      If so, then yes I would agree.

      • GordonD on 02/12/2023 - 11:31
        -4

        Yeah, if they mow their lawn they might even get to know the people they share the property with. And end up doing things for each other. That'd be terrible, wouldn't it.

        • Protractor on 02/12/2023 - 11:40
          +1

          That's all very well in the pre greedy LL era back in the foggy mists of time. The point is the current goalposts should be known and agreed to.Not everyone wants to be besties with their neighbour. Such 'socialising' stuff is an organic process, best left outside the rental expectations.

        • JimmyF on 02/12/2023 - 14:58

          Yeah, if they mow their lawn

          LOL So to be clear you mow your neighbours lawn on either side for them? How about washing their windows and cars too? I mean you should be a good neighbour and do those things as well.

          And end up doing things for each other.

          You're assuming they return the gestures. Most people won't.

          That'd be terrible, wouldn't it.

          If it was equal, sure it would be nice, but lets face it. Most people are out for themselves and won't return the gestures.

    • Protractor on 02/12/2023 - 11:21
      +2

      Cutting the neighbours grass is frowned upon in polite society

  • JimmyF on 02/12/2023 - 11:12
    +6

    The landlord is adamant that it is my in laws’ responsibility to mow everything because the previous tenants did

    Past tenant behaviour doesn't dictate future tenant behaviour.

    and the tenant in the flat doesn’t need to mow any lawn

    How does this tenant gain access to their flat out of interest?

    Personally, I feel that it is unfair for them to have to mow the lawn that’s not on their side of the rental while the tenant in the flat doesn’t have to do any.

    It's going to come down to who is or has access to the grass? Do you/inlaws have access to the grass in red? Does the flat have access to the grass in red? Do they use it?

    From looking at the aerial shot, I would assume that grass area in red would have been accessed/used from the flat, not the main part your renting.

    If the flat doesn't access the grass area at all, and the agent is claiming its 'yours' then yes mow the lawn, but then start using it. Pull the BBQ around and some chairs, invite some friends around.

    You'll find out soon enough who thinks they own the grass, you or the flat.

    If the flat complains, then tell them to mow it.

    • Sye on 02/12/2023 - 11:24
      +2

      Pull the BBQ around and some chairs, invite some friends around.

      You'll find out soon enough who things they own the grass, you or the flat.

      I agree. If you pull out the glass BBQ and start smoking the grass you'll find out soon enough who owns the grass.

  • djones145 on 02/12/2023 - 11:13

    one word. concrete

    • Protractor on 02/12/2023 - 11:22

      one other word> glyphosate

  • Protractor on 02/12/2023 - 11:38

    I wonder if LL is double dipping by having a premium attached to the flat rental charge to cover lawns being maintained.?

    So the flat occupant has queried why it's not being mowed? Hence the demand to mow. That aerial looks to me like the portion NOT being mowed,is bigger than the part that is, so the demand seems a stretch to me if the area is not exclusive access area to the main house. Also as far as privacy of that access goes, if main house have 'politely ' left that area to the flat rental, either they or the LL/agent does the deed somehow.
    Either way the rent's going up so the poor battling LL can keep the cabin cruiser fridges full to the brim with Moet.

  • skid on 02/12/2023 - 12:06
    -2

    They have to suck it up and mow it or arrange for the lawn to be mowed. The tenant in the flat probably has in their lease agreement that the lawn in the corner is not theirs to be used. Your in-laws have access to the lawn in the corner and have the responsibility to maintain it. NCAT would probably say the same.

    • Protractor on 02/12/2023 - 12:11
      +1

      Not until NCAT verified the lease/s T & C.

      'Probably' is not admissible evidence

  • blitz on 02/12/2023 - 12:13
    +4

    the tenant in the flat doesn’t need to mow any lawn

    Hmmm. What is the relation between the owner and the tenant in the flat?

    • Protractor on 02/12/2023 - 12:22

      Was wondering that,myself.
      If they are a rello and the main house tenants are NOT aware, it's a bit (lot) of ducks and drakes situation, whereby the main house doesn't really have privacy at all. For the OPs IL sake, I hope they aint LLs rellos next door.

  • Some Human on 02/12/2023 - 12:19
    +2

    Ask for rental discount for their service

  • Nugs on 02/12/2023 - 12:33
    +2

    agent is maybe picking on the older people rather than taking on the hermit in the flat (or has already had pushback from flat tenant)
    .

  • freefall101 on 02/12/2023 - 13:08
    +3

    No way they should be expected to mow that other bit unless it’s part of the property that they’re renting. Seems like something weird is going on there

  • payless69 on 02/12/2023 - 13:23
    +2

    Get a sheep

  • Ozbar Gain on 02/12/2023 - 14:01
    +1

    Mow the unmowed part of the garden then use it extensively for bbqs. Set up a gazebo for the day and use that part of the garden to its fullest extent until the flat renter complains about their use of the lawn

  • angywoo on 02/12/2023 - 14:03
    +3

    Sounds like the people in the flat are friends or relatives of the owner. Does the other side have access to the back yard?

    From the start the inlaws should have only mowed their half of the front yard and half of the back yard depending on if the other side has access to it..

    Consider calling the council and finding out if it is listed as two dwellings. If it is, then just do your side. As in split it down the guts front and back.

  • Malik Nasser on 02/12/2023 - 14:15
    +1

    Be a smart ass.
    Mow it once and mow it right.
    Set the blade right down so it is dragging along the ground. The grass will be cut so short it will either die or otherwise take ages to grow back.
    They want the grass cut, so cut it (right out).

    • hhbb555 on 03/12/2023 - 13:19

      Usually when you cut them too short they'll spring back faster.
      Depending on what kind of grass, but usually lawn grass is so hard to kill without chemicals at least

  • Protractor on 02/12/2023 - 14:51

    Who is watering the lawned area, and who pays for the water and electricity to do that?

    • JimmyF on 02/12/2023 - 15:00
      -1

      electricity to water the lawn? Are you one of those west dwellers with a well?

      • Protractor on 02/12/2023 - 15:06

        Pump or bore. You know ,electric powered ones.(I should have said and/or electricity)

        • JimmyF on 02/12/2023 - 17:31
          -1

          Pump or bore

          Its not a common thing in most places over east….. Unless rural. So guessing you are a west dweller as they have them everywhere in the cities.

          • Protractor on 02/12/2023 - 22:02

            @JimmyF: I was just going on the term 'property' in the aerial. and the setup with granny flat. Looked a bit rural to me.

            • JimmyF on 02/12/2023 - 22:24
              -2

              @Protractor: Looked rural? You might need your eyes checked… Its a corner block, with houses smashed up either side!

              You still haven't answered if you're a west dweller? Guessing from all the neg votes you dished out, that was a yes.

              • Protractor on 03/12/2023 - 18:57

                @JimmyF: Have not dished out any neg votes. I said rural not outback,
                Send me a PM and I'll provide my full address. I can see it matters.

  • screensaver on 02/12/2023 - 15:14

    This depends on how much they want to keep this rental. If they really want it, they have to keep in the good books. Otherwise they could be deemed as undesirable tenats and new slaves might be sought. Yes its unfair, and if they took it to a tribunal they might win. But also lose.

  • JIMB0 on 02/12/2023 - 15:29
    +1

    If it's not part of the property they are renting it might be worth pointing out to the owner that their could be an adverse possession claim in the works for maintaining it.

    • jonkvh on 03/12/2023 - 08:06

      Yep, exactly. And if they weren't informed on the day of moving in about the extra lawn, that issue turns into an addendum on the rental contract, which could mean re-negotiation.

  • AndyC1 on 02/12/2023 - 17:35
    +1

    Ask the REA:
    "Can you please let me know in the agreement I signed where it states that it is my responsibility to mow more all of the lawn. If it is not in the agreement then I will continue to mow my share of the lawn which is on my side of the property, unless I get a rent reduction of $50 per week to cover mowing costs. Please note mowing does NOT include any other gardening work like weeding or pruning or cleanup of edging."

    • Protractor on 02/12/2023 - 22:05

      I'd be looking to pass the mowing on period, unless it's on already the re ILs lease, and even then ONLY if it specifically says the granny flat tenant has no access to the lawned areas at all. It's a messy setup. Typical of rental directions these days

      • AndyC1 on 02/12/2023 - 22:26

        What is ILd?

        Google maps shows NO granny flay. Put glasses on and check out the MS paint diagram that op did.

        • Protractor on 02/12/2023 - 23:53

          What is granny flay? Sounds painful.

          ILs = in laws

          OP did no MS paint. He hand drew some lines on an aerial image

          Try harder/pay attention

          • Speckled Jim on 03/12/2023 - 14:49

            @Protractor: And the software used to draw lines on a screen capture was…?

            The colloquial OzB term for any image editing program, MS Paint.

            • Protractor on 03/12/2023 - 15:04

              @Speckled Jim: On no, I crossed another line. Clearly the definitions of an MSPaint diagram is more flexible that I thought.
              I'll have to re-read the glossary of the Pedants Guide to Ozb Terms and Customs.

  • CodeXD on 02/12/2023 - 19:46

    What's the bet the tenant in the flat is owner's family/relative?

    What was the property size advertised when your in laws rented it? Did it include the other side of the flat?

    • Protractor on 02/12/2023 - 22:05

      My feelings too about the flat dweller

  • JimmyF on 02/12/2023 - 22:26

    Edit: This is Street view(imgur.com) if it helps.

    The fact that the 'flat' mailbox is in between the house and the area in question, would say to me they are not connected. It looks like the flats lawn to me

  • Euphemistic on 03/12/2023 - 06:20

    I’m gonna guess that lawn maintenance was mentioned for the house lease, but not required for the flat lease and rent reflects that for both. IMO that wouldn’t be unusual either.

  • jakka on 03/12/2023 - 07:04

    OP needs to answer if the flat owners have access to that land or not, that is the crucial part of this question. If the answer is no, then it is your in-laws responsibility. If yes, then I agree it should be the flat owners responsibility.

    • emeraldgreen on 03/12/2023 - 08:24
      +1

      If you look at the street view photo I provided, you can see that you’ll need to walk across the flat’s front yard to get from the main house to the lawn area, the lawn lies entirely on the flat’s side so technically the main house can’t access that part directly.

      • skid on 03/12/2023 - 11:30
        +1

        Why are your in-laws mowing the flat's front lawn?

  • SlickMick on 03/12/2023 - 13:07

    Looks like you'd only need to mow 1/2 the backyard, and if the other tenant was neighbourly, since they have far more to mow, they could just do your little bit too.
    I was once in a situation like that: I had more to mow, so just asked neighbour if they'd like me to do their bit too.

    But I don't see how it makes sense to go past "your neighbour" and do the other side of their property.

  • Mugsy on 03/12/2023 - 14:57

    Review the lease agreement and contact your State's rental authority for assistance on the matter.

    You'll find out who's point of view is acceptable.

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