Landlord being anal about lawns

Wondering if I could have advice on this:

Been renting for over 5 years.
We have an inspection every three months where landlord or agent inspects the house
There has been no feedback from the last 12 inspections or so.
After last inspection, however, we have received two letters saying that "we have come past the house and seen that the lawns needed mowing and edges were overgrown" and refer to a clause in the contract that states that lawns have to be kept clean and tidy. If not done, they will hire a gardener at our expense.
First time, I agree that it had been left overgrown, fixed fairly soon, within a week.
Second time, the letter arrives 10 days after having done the lawns. In my opinione they are in good to very good condition. The letter itself says "somewhat overgrown".

Question is, is it legal to be passing by and giving feedback on days that are not inspection days? Is it feasible to ask to define what tidy and clean is because I truly think they are going overboard.

Any advice would be very appreciated.

Comments

  • +3
    • +4

      Not sure if drive-bys are a breach of privacy unfortunately, I think it's only entry to the property.

      Bit harsh though really, especially if you're long-term tenants

      • +1

        I wish my tenants would stay 5 years.. Its a renters market atm, tell him where to go..

  • +1

    Not a 100% sure as they did not physically your premises.
    Check this factsheet re privacy. Pretty clear. Can also contact tenant.org.au

    would not assume but to speak to the agent nicely as what is going on. did they change the property manager? informal inspection - owner wants to sell but do not want to lose a tenant too soon, ie wants the house in good form outside.

  • +3

    Why are you getting inspected quarterly?
    What state are you in?
    In vic they are only legally allowed to inspect once per 12 month period.
    As for drive by's they are legal and can be used to enforce lease requirements.

    • +1

      as far as i can remember, in Vic, should be UP TO twice a year.

      • +1

        As an owner I can tell you since Jan 1 2014 it's once a year.

        • +2

          thank you. i should call up my agents tomorrow.

        • +20

          @0031nek:
          The agents I use for my properties have tried going twice a year but they were the ones who sent me the update last year so as to explain why it's once a year now. I'm like.. Hold on you said it was yearly but you still go 6m.. They like tenants aren't aware so yes it's better we go more frequent.
          I proceeded to get new agents.

        • +6

          @jimbobaus: Here's an up vote for doing the right thing and being a good honest owner. I would recommend tenants to you if someone asks me for a place in Melb. :)

        • +1

          wrong mate.

          make one general inspection in any six-month period, but not within the first three months of the first lease agreement.

          https://www.consumer.vic.gov.au/housing-and-accommodation/re…

        • @jimbobaus:
          Obviously agency get paid if they do inspection more often, don't they?

        • +1

          @Hirolol:
          Well the document provided to me by the agency, which was a consumer affairs document clearly stated that since Jan 1 2014 routine inspections can only be once per 12m period. Maybe ca needs to update their website but I stand by my statement. I own 7 rental properties in Melbourne and use three agencies, due to their locations, all these agencies are 12m and they all confirmed today the law is now 12m in Victoria.

        • @fozzie: they don't get extra money for inspections. It's part of the agreement with the owner and is covered by the percentage of rent they take each month.

        • @jimbobaus:
          OK, thanks for clarifying. I own a property in the Uk and normally inspections are extra (even though I managed to get 2 free per year)
          Personally I think 2 a year is enough. 4 is too many, I live in nsw and I believe here can be 4.
          What stresses me as a tenant is to make sure all is tidy, we moved here from overseas and we still have boxes (no space:()

          Anyway hopefully next year we might be able to buy fingers crossed.

        • +4

          @jimbobaus:
          According to legislations Its 6months as well, you saying they are wrong Too?

          http://www.legislation.vic.gov.au/domino/web_notes/ldms/pubstatbook.nsf/edfb620cf7503d1aca256da4001b08af/c7f3c6d8118d4bcaca256e5b00213c3d/$file/97-109a.pdf

          Sounds like you and your agents need to update your documents.
          For now i think you should stop spreading false information.

        • @fozzie:

          Not with our agents - They get paid a percentage of the weekly rate and that is it, aside from when new tenants move in which they get a bonus amount for arranging the advertising etc.

    • +1

      Once a year?? that sounds like heaven… these bastards are always sticking their nose in where its not wanted!

    • +2

      In SA inspections are quartlerly too

    • +2

      In Qld it is quarterly

      • +2

        I've enjoyed those quarterly inspections for the last 5 years, some people seriously stress about them like my ex. Especially when you have kids.

        • You have enjoyed them? why?

    • nsw

      • My pop who own over 300 rental house and unit said a house is home should keep as such it live in and enjoy a good time. his had some tenant in unit and House for over 30 years.

    • +2

      I am not sure if this is correct but I feel this is too long especially if the property is new. I already have a bad experience with my investment property.
      I rented out my brand new luxury 2 bed apartment in South Yarra in June this year. Agent didn't give me any personal information of the tenants and they have done the required checks and said they are good. They didn't let me go with them for the inspection either. They have done their inspection couple weeks back and sent me pictures. An internal door had broken. Builder doesn't fix anything as this is not reported within first 3 months defect period in which I was not allowed to go in and check.
      Tenants have destroyed the carpets which are luxury grade one and would cost me a lot to replace. Walls scratched and damaged, Smeg branded appliances are kept in shocking condition.

      6 months is too long to find this type of issues. Now I am not sure how to recover these costs. This is very expensive apartment and I am paying significant out of pocket every month after tax and depreciation as well. So I thought tenants would be considerate that they get to live in luxury apartment with average rent in the market. I even paid for their water usage as well. If I sell this now I will have a big loss. This is why land lords are so anal about their properties otherwise it's not possible to sleep at night. Unless property was bought good old days for cheap compared to now it's a massive money drainer for new ones close to city.

      No wonder there is a shortage in rental properties. It is risky to have one. This type of tenants actually deserve to live in cars.

      However in your case you seem to be a good tenant who has maintained the property well. Try talk to your landlord and see why he is getting bad after so many years.

      • +4

        Sorry to hear that. You have a really lazy and incompetent property manager. I suspect this may be your first investment property? Bottom line, (especially with a brand new high-end property) you have to be very assertive with your PM and don't let them brush you off. Most PMs are useless. Some are good.

        • +1

          Yes this is my first. I was thinking for 8 years before getting this one just because some tenants are terrible and have heard nightmares with my friends who ended up selling their investment properties at a big loss. Only those who managed to buy those long back before prices went crazy are sleeping well.

          My PM is very expensive one on Yarra St, South Yarra. They kept the first month rent completely for their letting fee and on going 7.7% inc GST. So they are not cheap and claims they do far more than other MPs.

        • Yup you're paying their expensive lease :) On the bright side, you can claim most of it on tax and hopefully a long term good investment.

        • @rmamila: That seems really high… in Sydney at least, it's normally 1 weeks rent + expenses (like advertising) + 4.4%-5.5% inc GST.

      • +1

        Hmm… If I were you, I would look for legal action against the tenant and the agency….

        • It's more cost and more headaches only to deal with Lawyers. They don't come cheap either.

        • yeah nah. It would be cost prohibitive engaging lawyers. Just not worth it. Cut your losses and get out. Do some research and hopefully find a better PM/tenant.

        • +2

          @gimme: how about insurance?

        • +1

          Spot on!! Everyone should have landlord insurance. Doesn't cost much at all. I think mine was something like $200 from terry sheer and it's tax deductable

      • +1

        I still remember the days I was renting an apartment in Melbourne with my first kid and wife. Few years later when I moved into my own house the owner sent a letter through the agent to thank me for being a nice tenant.
        I never give any hassle to owners and looked after the apartment well. When I vacated it was clean and spotless. In return owner didn't let the agent to increase the rent. I remember ones the PM increased the rent without permission from owner (I think) and I paid it for couple of months. Later owner had asked PM to refund the extra they charged and move back to old rent.
        This is what you get in return. I never missed a rent payment, always paid it at least a week before due date during entire period.

        My apartment is rented to a medical Doc and his friend. Both young guys and education hasn't helped in this case. May be they don't understand the cost of repairing the place when it's not maintained well.

      • I'm sorry to hear that too. How awful for you. I'm so shocked to hear you didn't receive any personal/references about these people.

      • I can understand your predicament. Maybe you have gone with a bad real estate agent? and why didn't they just take it out of tenant's bond? It is very uncomfortable to have the real estate agent and the owners walk through the place when I'm there. I feel very uncomfortable and prefer to not be there. I should set up a web cam and speak to them through my computer. I would say, don't touch my shit, even though you can afford better shit than me. Give a brother a break!

    • Here in Vic we are having inspections 4 times a year, each quarter…..

      • South Yarra is in Vic. Next to Melbourne city. PM said I am not allowed to go in until 6 months even though it's a brand new property and the defect period from builder is 3 months only. This means I am not able to get any defects identified in first 3 moths fixed from the builder.

        The worst part is that this PM said they can not give any details of the tenant to me. Only information I was given was that they did the reference check and they are happy and that the income range of the guys and they are in late 20s.

        After seeing what happened in Paris and the landlord who got into trouble after renting his property to bad ppl, I was wondering if PM takes all the responsibility of tenants if something goes wrong with tenants legally. They are the only ppl who know about tenants and it's their policy not to provide the details to owner of the property.

  • +6

    First, meet up with them, ask them to define "tidy and not overgrown", then take a photo, print it out, use it as a benchmark in the future for any possible dispute. Now the "legal" part, do check with consumer.vic.gov.au (or if you're not in Victoria, might be something else, you should know what i mean) and you can also search and fill up a form named "Notice for breach of duty to tenant/s of rented premises" to make it easier, here's the link : https://www.consumer.vic.gov.au/housing-and-accommodation/re…
    but before that, better call them (the consumer.vic) up and get advice if the landlord has breached your rights by giving letter of "passing by" inspection(s)
    Good luck.

    • Thanks, that is pretty good advice!

  • +3

    iv'e been bent over and hurt by this anal lawn situation a couple of times. The scars remain.

    • still pain in the butt?
      Or have you landed with your butt in the butter?
      (experience good luck after misfortune)

      • Olive oil and and garlic..

        • a little less colourful than chilli infused olive oil..

  • +6

    Most likely the landlord received a notice from the city council, which may be caused by complaints from the neighbours..

    • Possible yes, the neighbour is particularly immaculate with his garden. He literally works on it everyday..

      • +7

        There you go, now we know who is (most likely) being anal, considering the landlord just raised this issue recently.

        Can a landlord get fined by council for ignoring the notice?

        • +2

          We just received a letter from council a couple of days ago regarding a rental property we own. It basically says that the lawn need to be mowed and kept free of rubbish due to fire hazard, otherwise face a $1500 fine. They give us about 10 days to do it before they come by again for an inspection.

        • @paperkut: How as went you went and had a look or got photos?

        • +1

          @nikey2k27: Mmm what is the question again? Basically we asked the tenant to send us a photo of the mowed lawn and our real estate agent will do a drive-by inspection a day before council's inspection. Hopefully that answer the question?

        • +1

          @paperkut:

          I'm also a landlord, I didn't get a warning letter, I just got a $250 fine and another bill in the mail after the council sent a gardener there to mow the lawn.

          I use to not care before lawns, but I have asked the property manager to ensure lawns are kept below 10cm if they tenant will cope a fine next time.

          The property manager has also informed the rent roll that is in that same council too.

          Property is in WA.

          Council Requirement

  • +10

    Just do the lawns , and have a beer and then another after. How hard is it ?

    • +5

      You are assuming they are physically able to, and that they have the equipment to.
      You know what they say about ASSuming.

      • +6

        Not the LL's problem.
        If the tenant can't do it they can hire someone who can

        • +1
        • +2

          No, and it isnt the tenants problem if the landlord is a pedantic a-hole who thinks the lawn should be mown and edged every week. Nor if the neighbours think that.
          So long as it is what most people would call tidy (ie not strewn with detritus or rubbish etc) and not overgrown then the terms of the contract are being fulfilled as are council bylaws and he can shove it somewhere dark.

    • I will be doing them, but I thought once a fortnight is surely reasonable. It seems once a week is the standard asked for which is fairly annoying.

  • +2

    Roundup the edges - you'll never have to edge again.

    • +4

      Don't do this- it looks terrible and the landlord will probably complain even more.

      • +1

        I thought he was joking. Do people actually do that?!

        • +1

          I used to roundup the edges under the fence line - cuts down on line trimming.

    • and that would give weeds a better chance at coming in once the grass is dead.

    • Lmao
      Roundup is brutal!

  • +4

    Why is it a "maximum" of 4 times a year for inspections in NSW? That is way too much! I hate it when there is an inspection. It actually pisses me right off… I have an inspection 3 days before Xmas. It seems as if not much time passes before The agent sticks her ugly head in the door again. The joys of being a renter…

      • +15

        yeh, real easy.

        • +33

          yea, before that, get a "good job with a good pay"

        • +18

          @0031nek: Joe Hockey could do it, so anybody can! Maybe everybody should become ambassador to the USA so they get their accomodation for free.

        • @Cluster: yea, hell maybe he would say "me, Joey Hockey, i-ama-bad-ass-rder to the USA from DOWN UNDER.., and i can ride yours" just gimme a free stay and free wine, everything can be settled..don't worry, be jolly, have a cigar..i'll get into your car..my hump my hump my hump"
          gosh!! am i way too much??

        • @Cluster: $450,000 person on top of the new job not mean tested.

      • -7

        I gather you are paying? So very charitable of you to buy everyone in Australia who isnt a millionaire a nice house.

        Mod: Removed personal attack

        • -5

          If you think you need to be a millionaire to buy a house you really need to get away from Vaucluse and live in an area you are more suited to.

        • -1

          @Davros: If you dont think that you do then you havent been taking much notice of house prices. Outside little country towns 3/4 million is a pretty normal price for an outer suburban 3 bedroom - like the very average 70s one my mother has on the farthest outskirts of Canberra. Prices in the million plus range are normal for anywhere in the major capitals. That means to actually own the house you HAVE to be a millionaire.
          Wake up

        • @mycosys: Its you who needs to wake up to yourself champ.
          You claim you have to be a millionaire to buy a house?
          How is it that every week there are over 9500 houses sold?
          How do FHB's buy, are you saying they are all millionaires?
          I have several houses,using your lame metric I must be a BILLionaire.

        • @Davros: when did several times a million become a billion?
          I guess that makes as much sense as the rest of your bull tho.
          To actually OWN an average house you will be paying over a million dollars - you know that as well as i do - ffs get off your horse

        • @mycosys: So you avoid the fact that 9500 homes are sold every week to average joe.
          I guess you are less than average if you cant manage it.

          And when has anyone bought a house for cash?

          Mod: Removed personal attack

        • @Davros: so now you are saying every single house sold is to 'average joes' and not a single ons is an investment property despite the rapidly growing inaccessibility of housing ownership and the increasing concentration of house ownership in the hands of investors.
          And you need to resort to ad-hom to back your pointless argument.

          Some people far exceed average and do jobs where they make a difference despite them not being as well paid as they could achieve raping society - but you clearly dont get the concept of ethics, any for of ethics, empathy or altruism appear to be beyond you

        • +1

          @Davros: so now you are saying every single house sold is to 'average joes' and not a single ons is an investment property despite the rapidly growing inaccessibility of housing ownership and the increasing concentration of house ownership in the hands of investors.

          And you need to resort to ad-hom to back your pointless argument.

          Some people far exceed average and do jobs where they make a difference despite them not being as well paid as they could achieve raping society - but you clearly dont get the concept of ethics, any for of ethics, empathy or altruism appear to be beyond you

        • +1

          @mycosys:
          $750k for a 3 bedder in Canberra? I wish people would stop peddling this myth. Unless you consider the farthest outskirt of canberra as being Watson to the north, Kaleen to the west or Woden to the south, there's plenty of housing.

          Here's a nice place in Charnwood for $365k (less than half of $750k) i picked up from allhomes. Probably not everyone's cup of tea, but even on a 95% LMI'd mortgage, its yours on P&I for $460/week. And you get a nice decent sized block (Charny is getting better).
          http://www.allhomes.com.au/ah/act/sale-residential/7-weaver-…

          There's plenty of stock to the west of Coulter Drive in the Belconnen area. West Macgregor is <10 mins from Belco and 25 mins from Braddon - that LITERALLY is the edge of Canberra to the west. There's plenty in Ngunnawal for around $400-$450k, and down in Banks etc. you can get 5 bedrooms for under $500k.

        • @konazz: Yeah this is Flynn, backing onto Fraser - further out.
          And, we both know that houses in Charnwood are worthless for good reason. Nobody in their right mind wants to live there and get robbed, have their property vandalised and not feel safe.

        • @mycosys:
          Some areas of Charnwood aren't good, but towards the dunlop side isn't too bad. I have friends who have lived in Charnwood for 8 years, and never had an issues.

          Ok. So lets look at Banks… $310k
          http://www.allhomes.com.au/ah/act/sale-residential/1-hall-pl…

          Something closer to Civic - Scullin @ $369k
          http://www.allhomes.com.au/ah/act/sale-residential/22-barlow…

          What i'm saying, there's is a lot of stock available @ half of $750k all around Canberra. If you can stretch to $450k, you can get a lot.

          In Canberra, say 2 APS3 (grads) are on a combined income of close to $120k. The problem is getting over the line with deposits, not the serviceability. Even going back to 90% or 80% for investors loans won't help - heaps of baby boomers got their equity spike over the last 10-15 years, and now use that equity to buy further investment properties to further increase price and lower stock. The higher price leading to increased equity in their portfolio, allowing them to further leverage more property. Its a vicious cycle

        • Please refrain from personal attacks. Further occurrences will lead to the penalty bin.

        • @moocher: fwiw - the sewer thing isnt a personal attack - it is a reference to a recent episode of dr who who where davros thinks he is very clever but in giving regeneration eenergy to all daleks forgets his 'sewers' are full of live decrepit tankless daleks and he and his minions are overrun by them due to his own 'clever' plan.

        • -1

          @konazz: residing in Melbourne, i can bet that at least 90% (as i count 9 of my 10 people that i know) grown adults know that it is not the baby boomers who caused the ridiculous overpriced house/home. it is "something" else.. PM me if anyone wanna know more..or, go to any auction around popular area or surrounding suburbs, and then you guys know what's going on..but as i said, i can only know the situation in Melbourne here, not somewhere else..no matter what "Get a good job with a good pay" doesn't help at all. It's better to get a wife/husband with rich parents who got money to spare.

  • +1

    If the letter arrived 10 days after you did the lawn when was there is a good possibility if you let it get a little long before the last mow and the inspection was just prior.

    I can't see that mowing more than once a fortnight could be expected. Sure it might get a little tatty by then, but just don't becuase some people want to mow weekly doesn't mean that everyone has the time to do it. When we had a mowing service for our rental property it was fort nightly in summer and monthly in winter. Lawns looked fine to me. I'd be surprised if a contractor would do it more often.

    Maybe check with the landlord what level they expect?

    • Yeh I will contact them regarding that, but with lawns I think it's really vague. A picture might help as suggested above.

      • in our case, we set the outgrown to not exceed 20cm height (and yes, we always bring a ruler to inspections and in your case, if they're only passing by, they also need to put a ruler next to the outgrown, to have a photo taken, showing that it was outgrown exceeding the allowed height. Well, of course if it is not a breach of your rights by doing passing by inspections in the first place.

  • As a landlord, I've done this. I drive past if I'm in the area and just check how the place looks. And once I did call the agent and got them to ask the tenants to cut the hedges, which were overgrown. This maintenance was in the tenancy agreement.

  • We have a tenant who is lax with the lawns. We drive past (as do the agents) and then ask the agent to ask them to do something about it. Not fussy about the quality of the work, just that it's no longer knee height with dandelions swaying in the breeze. When you have a long term tenant it's hard to watch the garden deteriorate as it can take years to fix if they let things die or get seriously overgrown. With a tenant turnover at least you can go in in the break and have a good tidy and spruce up. Landlords really rely on long term tenants to do the right thing as gardens can really add value or detract from the property value if let go to ruin. Not only that, the neighbours can complain if they know you personally.

    • +1

      we already stopped hoping tenants to look after the garden ages ago..imagine what they had done that even a cactus can't survive? since then, nah, stopped hoping and debating..better leave everything empty.

      • -2

        Yeah, saw an article the other day saying property investors are simply choosing to leave properties empty entirely and relying on capital gains instead. This is a vicious circle, and tenants will be the ultimate losers when rents for what is available out there skyrocket. And all because they can't be arsed mowing the lawn.

        • -1

          And you wonder why they are killing off negative gearing - crooks like those.

          Dont worry too much - in the past when stuff like this happened it was made illegal to leave a house empty :)
          Who did you say this was hurting?

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