Notice to enter the lot without my consent.

Hello Ozbargainers. Hope everyone is well. Creating this topic hoping to get some opinions and advice.

I am currently renting in a house in an estate in Melbourne's west. I have been receiving letters from the estate management regarding maintenance and upkeep of the nature strip. I endeavour to mow the grass regularly. They now intend to enter the property and conduct maintenance work. I rang them today and asked for photos of what actually needs to be done as the nature strip looks in good condition to me.

The photos depict few weeds but nothing major. I do not consent to contractors coming in and working without my permission. Neither am I willing to pay at this stage as it looks very minor. I believe they are being anal about three weeds in the front lawn.

Picture of front lawn

What do you guys think?

Comments

  • +2

    Looks like it needs edging, and a bit of water wouldn't go astray

    Strange though that they wanna get contractors out… normally they'd just breach you, make you do it yourself

    • +21

      Agency probably has a deal with the contractors I'd bet…

      • +1

        Regardless, it's not often it is so rare that its not funny that an agency will call on someone to fix an upkeep issue.

        The things that need sorting are arranged by breach notice, either fix it or gtfo

    • +1

      I have to admit that I live with a renters mentality. But I still do everything necessary to keep it tidy just don't go out of my way. The lawn wasn't all lush green either when I moved in more than year ago.

      • +9

        They're probably Planning to sell and want to make it look good

        • I am betting that to.

  • +12

    I wish my lawn looked that good…

    • +21

      I wish my "lawn" wasn't 90% weeds and 10% grass.

      • +1

        Bindies everywhere !!!! Then 1 bunnings visit and a bit of sprinkling and all looks good.
        I dont let the nature strip go wild, because it just comes into my garden later.
        But to answer the question: If it''s in the contract, that they are responsible for upkeep, then they are.
        The joy of owning an investment: you're a cash cow.
        Or reduce the rent and assign the task to the tennant.

      • This. Ive given up on "Weeding" my lawn.

  • Broad leaf lawn poisen. Fertilise it also so it takes up the poisen quicker.

    If my view of the weeds was good that is.

    Or if your feeling like you dont like poisen just pour boiling water on them/roots.

    • Thanks for the tips. I like a nice lawn but just been put off by the stupid letters and threats.

      • +1

        I can understand that, some people go through life just being a pain to the rest.

        • You may have an anal landlord driving by and asking the property manager why the lawn looks like a Housos lawn (it doesn't) but that is the attitude and they may not like the manager for some other reason…

          Or maybe they are just anal about weeds. Many are (inc, me. the bloody things seed in 2 weeks and once the seed bank builds up in the ground it takes years to control them again). Also weed killer kills a lot more than weeds and weeds invariably grow back faster than anything else and in greater number.

          But if the 'contractors' do the work for free that's cool- perhaps tell them to send the contractor and if you approve of that contractor then you might agree so you do less upkeep. That way you know who is doing it.

          Or simply offer to take better care. After all, the contractor won't water it (unlikely) and gardening is good for you… :-).

          But you have to be prepared for some random contractor coming. I'd explicitly state that this is not allowed, though new contractors may contact you directly to request permission (which may only be gainedin writing beforehand).

        • @zerovelocity:

          The lawn looked like this when I moved in year ago. I have photos. It wasn't all green grass.

          It's probably the area/estate management being anal.

        • +1

          @zerovelocity: that is why you dont use all purpose poisen… Lol we use to have a neighbour who had sensitive weed, poisened his whole front yard then payed for a bloke to respray grass seeds… All he needed was a high nitrogen fertiliser which would of killed the weed Nd fed the grass.

          If in doubt go to your local wholesale garden place or farm feed place with some of the weed. (take more then a single leaf.)

        • @Slippery Fish:
          Might heed your advise and try to fix the lawn. But it's all pretty thick grass and weedy.

        • @Slippery Fish:

          Could even trim the hedges but don't want to do all that work. I wish someone would just talk and explain instead of sending harassing letters.

        • +1

          @bargainhuntaa: ok well my tips are:

          Mow every 5 days at no more than 1/3 grass height (or else you expose the brown parts) the extra mowing will increase the grass thickness.

          Nitrogen fertiliser will get it green, but dont go overboard and only every 4-5 months.

          Broadleaf poisen.

        • +1

          @bargainhuntaa:

          I wish someone would just talk and explain

          Do you want them to hold your hand too? Cmon, you're a grown adult who's entered into a rental contract which states the property is to be kept to the standard you first got it. If gardening is required, you deal with it, because again, you're a grown-ass adult.

          Be a man, admit that you haven't done the best job and fix it. Otherwise they'll breach you, and then they'll kick you out

        • @bargainhuntaa:
          Call your property manager and talk to them, they do work for you too. More likely they have tried to call you and your haven't responded. Next step is usually a letter.

        • +1

          @Ken1977: No, the manager works for the landlord. It's a miracle if they do anything above the legal minimum to help a tenant.

          "Always keep in mind that real estate agents work for landlords and not for tenants or prospective tenants. An agent might offer to help you, but their primary professional obligation is to act in the interests of their principal – that is, the landlord who pays them."

          http://www.legalanswers.sl.nsw.gov.au/guides/tenants_rights_…

        • +1

          @abb:

          Well if there's no tenant, there's no rent and an unhappy tenant will likely move somewhere else, it's in a property managers best interests to keep a good tenant as long as they can. If a property manager is only interested in keeping the landlord happy and not the tenant then they are not going to do very well.

        • @Ken1977: True, but the tenant can't just leave because they're upset. There's penalties for breaking the lease, and in some places there is so much demand that the place will have the next tenant lined up before the old one has moved out…

        • @abb:
          Sure they can leave, after their lease is up. Most leases are only 12 months, It will usually cost you two weeks rent for your agent to find you a new tenant, then advertising costs, photos, any repairs to make the place more appealing, missed rent while the place sits vacant. It's definitely better to keep a good tenant long term.

  • Free garden work… I'd pay for that!

    • They might remove three weeds and send me a bill.

      • +7

        Its illigal to bill for work you did not inform the client of, if you dont want it just say no.

      • I would be totally on board to have someone do my lawn for free. Like others said, just tell them you're happy to do it yourself but not pay for others to do it.

  • +9

    Fix it before they come out. Take before and after photo's and email the agent advising that you are compliant with your lease and they may send contractors if they wish but at their cost, not yours. Ensure you get time stamps on all communication.
    If they keep hassling you move out, nobody needs that stress.

  • +3

    It might look better if it looked less brown. The weeds might blend in then LOL. It looks pretty parched.

    • +10

      I blame the harsh Aussie sun for the brown grass.

      • +14

        There is probably a tap you can attach a hose to if you look hard enough. Turn it, and water will come out.

        ;)

        • +30

          You mean I can stop watering my garden with Voss?!?!

        • +14

          But then I have to get out of my house and put pants on.

        • +8

          @bargainhuntaa:

          What are pants? O_O

        • Best make sure there are no water restrictions first…

  • +2

    The maintenance work might be the landlord deciding to install an in-ground sprinkler system. We installed one in one of our properties after the tenants seemed unable to keep the lawn in a good state. It's connected to the re-cycled water system - all they need to do is turn it on and let it run a couple of times a week. They can even set the timer and forget about it.

    A little bit of upkeep now leads to much less expense and effort later on, when the lawn has completely died off and is home to 2 foot high weeds.

    So it might not be as bad as you think.

    • It's only a small area. Sprinklers would be good but I reckon an overkill. I doubt the landlord would want to do that.

  • +2

    I have reviewed the photo and must say it's a pretty unloved lawn. If I am the landlord, I wouldn't be happy about it either. As others have advised, fertilise, deep water, apply selective weed killer and mowing every now and the won't hurt. Take good care of the property you lease in and no reasons for the landlord or agent giving you trouble. Blaming the harsh weather is just an excuse.

    • +2

      It's not the landlord.. it's the body corporate or a similar structure. Landlord has been more than happy at each inspection. This is how I was given the property to lease. It wasn't all grass as I mentioned before. I am still considering doing the work to make it look better. The lawn gets mowed regularly.

      Just not happy with grass nazis with their threatening letters.

      • +1

        90% of the time landlord does not even see the property after inspection. Thats why they hire property managers, they handle all that, and it's more likely a good property manager driving past and seeing your lawn needs a bit of TLC.

      • If it's the body corporate then it may not be your lawn but a shared area they are responsible for.

  • +16

    Isn't it ridiculous how we plant non-indigenous grass & then use up precious water (which WA is in dire need of) + requires poisoning & continuous upkeep??

    If I had my way, I'd have plain bush, no grass, just a bit of pavers or deck around the house.

    No more prissy, wimpy, spoon-fed grass to nurture.

    Imho

    • +1

      I live in Cairns, people plant palms EVERYWHERE. They then realise palms drop fronds ALOT. By this time they are renting the place to others and expect them to pay for those stupid green bins that get collected once a fortnight. I hate palm trees.

  • +2

    Let them do what they want on council's nature strip it is not a legally part of the property you rent. You are not legally required to maintain it.

    • I think I have to maintain it under body corp rules. It's not that I don't want to keep it tidy.

  • It isn't a front lawn. Its really a nature strip. In most places the council (in your case estate whatever) will expect the owners to take care of it. If not, after a few notices they will send contractors to fix it and bill you. They are not entering your lot without your consent. The nature strip isn't a part of your lot.

    • Yeah they might do that but I'm not willing to pay a contractor to do the minuscule of tasks. I will do it as I have done in the past when I get a chance.

      • +1

        If your rental agreement doesn't include you maintain the nature strip, forget about it. If you get the bill, pass it on to the owners.
        If they refuse, prorate it by your rent paid. It may be helpful to email owner/council about this ?

  • +1

    I think the estate has a really tight body corporate and the landlord pays the high strata fees to ensure the estate 'maintains its value'.

    Usually they give you a warning/breach notice to give you x days to 'fix it up' or they will call someone to fix it and change you a fine for not complying.

    Ultimately it will go to the landlord who will most likely pass it on to you without hesitation.

    • All letters not directly addressed to him he should send them directly back to the senders address. It's a offense to open or tamper with parcel's/letters not directly addressed to you.

      In other words if it's not directly addressed to you, send it back. Let the body corp and the landlord fight it out (You're not privy to that information). The land lord will contact their real-estate agent who will then will contact you via email or phone to discuss it (depending on your lease agreement).

  • +2

    If you are not paying water, water it everyday and mow it down a little to thicken up. It should look greener in no time and bopefully the weeds suffocated out.

  • Given a choice I prefer tenants to take good care of the lawn over the paint on the walls. I Can repaint in a week, lawns take years to fix.
    6 years later I'm still trying to get the weeds out after a tennant that didn't mow regular for a couple of years.
    I would actually consider building a lawn service into any future tenancy agreement I made.

  • I think it's fair to expect the gardens be kept in good condition, if it means you pay for a gardener to come in once a month then so be it.

  • +4

    How about emailing them and ask who is going to pay the fees?

  • Is there a neighbour near by that owns their house who could tell you what the owner's corporation are up to?

  • As I'm sure you're aware, when you rent a property - unless garden maintenance is included then you as the tenant are responsible for the upkeep of the garden. If the agent has sent you multiple notices regarding the condition of the garden then that would suggest that you're not holding up your end of the bargain and the notices are their way of letting you know that in a legal sense.

    What we can't see is what the grass looked like when you moved in, in the pic you posted it looks pretty dead so as an owner if I'd spent the $$$ on having the garden landscaped (doubtful for a rental but still possible) I'd be pretty annoyed to see it in the condition you posted above.

    Provided the reasoning is defined in the Residential Tenancies Act and the agent has informed you in writing allowing the necessary notice period, they are legally allowed to enter your premises.

    If you didn't want to maintain a garden perhaps look at an apartment or unit? That's exactly what I did…..

  • +5

    What a shitty lawn and owner is complaining about the weed. Tell the owner that his/her lawn is an eyesore and better call a landscaper to replace the lawn with new grass.

    • Looking back at the photos that were taken by agency during the lease signing I have to admit that the nature strip is in much better state than it was when I moved in. I have printed photos from an year ago and there was weed everywhere. I can upload but the quality would be horrible.

  • The letter box is not level and the bin is facing the wrong way. I think you should let the contractors attend to rectify this!

  • +2

    Link to one of the pictures taken before lease signing by agent.
    All the landlords in this thread please take note that was the state of the nature strip during lease signing.

    • +4

      Personally, I'd be more concerned by the UFO hovering above your house.

      • +2

        That was the previous renters being evicted/abducted.

  • +1

    I don't think the issue is the grass, I think it's all the hoola-hoops you have laying around the front-yard so anyone walking across can slip. Maybe put them away in the garage…

  • +5

    I am at a loss after reading this one. The OP stated the Nature strip was the issue, and that is what the photo shows, ie outside the front fence line. Yet the OP also states the notice is for the contractor to enter the property and conduct maintenance work. If the Nature strip is outside the property, why/how can the Agent have anything done to the Nature strip as cause concern for the renter? maybe VIC Laws are as such…..if so ignore the reply.
    Here in Queensland, the Council owns the Nature Strip and even though 99.9% of us maintain the strip, the council will if need be under some circumstances have it done or modified. Ground covering and the rest mulch works a treat.

    Read your lease agreement. Call the Council and Tenancy people. Get solid facts. You need clear instructions from the Council, the Landlord and the Tenancy people, then you will either be told what and why by who that actually has the authority to state the facts and enforce a ruling.

    On the other hand, it is a bit ugly, un-kept, and full of dead grasses an heaps of weeds. My pride in my home would have me sorting this asap, actually I would not let it get even this part bad.

    Me thinks you need to either make your home a little more pretty, and or start making phone calls to all 3 appropriate concerned parties. Then you will solve all your issues.

    Cheers and Merry Xmas to all.

  • -6

    It's a neglected little nature strip… grow a pair.. water it and get some weed and feed onto it.
    You don't ""have to"" but why the hell not make a little effort?
    One problem fixed…
    Damage inside the house… fix it and send pics..
    Another problem fixed…
    Next..

    • Can you come over to my house and fix my problems too?

      No? Come on man, grow a pair ;).

      Next.

  • Just mow the lawn? will take a whole of 5mins looking at that and have nothing left once your done?

  • +2

    Buy a goat…

  • -1

    well, id be mowing the lawn, edging along the concrete borders/driveway etc, weeding and also the bush/tree on the side of the house is growing over/into the guttering, Id suggest that needs to be addressed as well due to leaf litter/debris build-up in the guttering and possible damage to the gutter from the contacting of the bush/tree. You will find that as the yard maintenance would be tenant responsible, you would also be liable for this as well. The pictures you posted clearly show the additional growth of the bush/tree.
    Also as a property manager in the field that I work in, gutter cleaning is also tenant responsible (as long as its only a single storey property)
    The idea is that you keep the property in the same condition as you entered it (excepting fair wear and tear)and at best, increase the property standard. Remember its not JUST A House, its YOUR Home and reflects who you are.
    The 'Harassing' letters sound like real estate/landlord 'Notices to Remedy' which would state in the letter what they require you to do.
    the way to get them to stop is to comply with the notice, or if you are not sure what they are asking you to do then call them and query or have them come and meet with you to explain.

    ps a landlord/real-estate can with written notice of a time frame and date access the premises for maintenance work.
    Access for making or inspecting repairs
    EXAMPLE:
    (a)On giving the tenant 1 week notice (or such other agreed period), the lessor may enter the premises at a reasonable time,
    having regard to the interests of the tenant and the lessor, for the purpose of making or inspecting repairs.
    (b)For urgent repairs, the lessor must, give reasonable notice and enter the premises at a reasonable time having regard to the interests of the
    tenant and the lessor.

    • +1

      If you take a closer look at both pictures in the links you will notice how the lawn is in a lot better condition as to when I entered the property. If the landlord had provided me with a green grass lawn it would have been maintained accordingly.

      • Need to establish if this is about you and if you are being asked to pay for it.
        If landlord is looking to improve/maintain the property they are entitled to.
        Be wary though as this is where they can evict as well and many landlords can and do evict a tenant that is making things difficult in this respect.
        It may be they want to pretty the place up for a valuation or sale.

  • +1

    save yourself the hassle and just water it mate. 10-15 minutes a day (both in the morning and at night, or just once a day will make a big difference if you can't be bothered) and it'll be luscious in a week or two. the first few days will be torturous/feel like it's taking sooooo long to water, but you get used to it :) it's totally worth it once it starts coming through!

    or if you really cbf, get a sprinkler from bunnings, cheap as :)

  • I have never mowed outside the fence line, the council has always done it for me. At least they are good for something!

    • +2

      What have you done to deserve a council that's good for something? No fair!

      • Technically it's there land and there responsibility but we have to mow it LOL

        Council has never mowed my naturestrip

  • I genuinely thought this meant the Internet Of Things (Iot)

  • My neighbor nature strip would make those weeds to shame. It's 10 times the height and it's been like that for months

  • story has changed twice.

    Just quit bitching and mow it.

    • you should have at least read it before making a pointless comment.

  • +2

    DO NOTHING!

    Before picture above looks worse than your current photo!

    Don't call agent. Email them the two pictures and state that the grass is in comparable condition to the start of the tenancy, and that if the owner wishes to improve the condition by hiring contractors, then that's fine… but it'll be at their cost.

    Source: I was a property manager prior to my current job. Do the above as I've suggested, and they won't have a leg to stand on.

    /close thread

    • The agent was surprised that body corp are creating a big song and dance about the lawn. Still waiting for her to speak to body corp and get back to me. Don't know if body corp are going to tell the agent any different.

  • Just go pull out the weeds? Give your garden a quick hose, grab some pliers and bucket, grab the weeds at the base and pull them out put them in the bucket. It would take like 30mins max.

  • I worked as a property manager before as well. UFO's suggestions are not clear cut.

    Your contract should stipulate whether or not you or your landlord are to take care of the lawn.

    If there is a clause in your by laws that requires lawn maintenance - your body corporate don't care who does it - they just want it done.

    The kicker in all of this is that whether or not the lawn was or wasn't in any particular state at the time you moved in - it still needs to be maintained if your contract stipulates that you need to maintain it.

    If you weren't happy with the state it was in when you moved in - it should have been brought up during your first 7 days which would have included you having to sign and give back the Ingoing Condition Report that every agency MUST provide you which should contain a description of all parts of the property, the state it is in and pictures. In this report you have the option to Agree / Disagree with the parts that you are / are not happy with and it is this report that would be used as any kind of evidence should you take the matter further.

    Now - if you happen to have photos of the lawn on the day you moved in - and you forwarded those photos to the agency - then you can use them - however what can you actually do with them?

    You could argue that the first weeding should have taken place before you moved in - depending on how long it took them to find a new tenant - but if the old tenant left and then it took 5 weeks to find you as the new tenant then it is unreasonable to request the first round of weeding given that no-one was in the property.

    Either way first weeding should have been negotiated at the time.

    • +1

      Thank you for your input. I have spoken to the agent and have also sent them photos. They do not see any issue. They will speak to body corporate and get back to me. Also sent them photos of weed growing back into the property through the back fence. They said body corp are responsible for that. So hopefully it all gets cleaned up. They do a little and I do a little and we all happy.

      • @ Michegianni

        Just a couple of points with what you've said.

        It's obvious the contract doesn't stipulate who is supposed to look after what, hence why OP is asking the question. In which case the default person that's supposed to maintain the lawn is the tenant. And that's the key word… "maintain". Not improve, not fix, not listen to 'by-laws'.

        The 'kicker' as you put it, again revolves around the word 'maintain'. Not being happy with the state of the lawn prior to moving in isn't the question. The only requirement of the tenant is to maintain that condition (good or bad), not fix it.

        The condition report and associated photos is the ONLY consideration the tenant must be concerned with. Any orders from body corporate to fix or improve the property above and beyond what that condition report states, is most definitely 100% the problem of the owner.

        If the owner wants or needs a weed-free lawn, then its on the onus of the owner to provide the property in such a condition at the start of the tenancy, regardless of what the previous tenant did or didn't do.

        Your arguement that the first weeding could have been negotiated prior to the tenant moving in is mute.

        @bargainhuntaa

        Please mate, I implore you… don't stress about it. The fact that you've followed my advice and sent them photo's showing your point of arguement, should be enough to allay your concerns. Don't let other advice (as good intentioned as it seems- I honestly believe Michegianni is trying to help you, I just don't believe the advice given is correct), cause you greater concern than necessary.

        As long as your condition report and photo's at start of tenancy reflect the poor condition of the front verge at commencement of the lease, then you haven't got a worry in the world. It really is not your problem. If anyone from body corporate hits you up for maintenance, refer them to the agent. The OWNER is responsible for original condition, the TENANT is responsible for maintaining that condition, subject to fair wear and tear.

        • That was my understanding of 'maintainence' as well. If anything I have tried to enhance the property.

        • I wouldn't think body corporate could invoice a tennant anyway.
          Another question is who have these notices been addressed to? Why wouldn't body corporate be sending them to the owner, which is where they belong.

        • @tonka:

          Letter was addressed to the occupant. Body corp would probably bill the lot owner and who would pass it on me, I assume.

        • +1

          @bargainhuntaa: That does come off as a bit unprofessional to me, body corporate would know exactly who owns the property and how to contact them. They need to send them strata fees and other comms. If I was the owner I would be royally pee'd off at them for excluding me from the process as well as not notifying me of whatever it is they are doing and interfering with my tenants.

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