Garden maintenance is one of the most common sources of disputes between landlords and tenants in Victoria. The law provides a framework, but it leaves a surprising amount of room for interpretation — which is where most of the arguments start. This guide explains what the Residential Tenancies Act says, what each party is typically responsible for, and how to set up a clear arrangement from the beginning so the garden does not become a problem at the end of the tenancy. For property managers looking for a reliable maintenance provider, our garden maintenance service covers properties across metropolitan Melbourne.
The basic rule under Victorian tenancy law
The starting point is straightforward: both landlords and tenants have an obligation to maintain the property in a reasonable condition. For the garden, this generally means the tenant is expected to maintain what was there when they moved in. If the lawn was mowed and tidy at the start of the tenancy, the tenant is expected to keep it mowed and tidy. If the hedges were trimmed, the tenant is expected to keep them trimmed or arrange for someone to do it.
What the law does not do is specify precisely who pays for every gardening task. That is where the lease comes in.
What Victoria's Residential Tenancies Act says about garden care
Under the Residential Tenancies Act 1997 (Victoria), tenants are required to keep the property clean and in good condition, and to avoid damage. This extends to the garden. The property condition report completed at the start of the tenancy is the benchmark — any deterioration beyond normal wear and tear is the tenant's responsibility to remediate.
The Act was updated significantly in 2021, and the updates strengthened tenant rights in several areas. However, the core principle that tenants are responsible for maintaining the garden to its move-in condition remains in place. Consumer Affairs Victoria has detailed guidance at consumer.vic.gov.au for anyone who wants to read the specifics.
What landlords are typically responsible for
Large trees, major works, and pre-existing problems
Major tree work — large-scale pruning, tree removal, stump grinding — is almost always a landlord responsibility. These are works that go beyond a tenant's reasonable ability to perform and involve significant cost and sometimes council permits. Any garden issues that existed before the tenancy began are also the landlord's responsibility to address.
Pest and disease issues affecting the garden
If a lawn is affected by lawn grubs, or established plants have a disease, the landlord is generally responsible for treatment — particularly if the issue predates the tenancy or is a consequence of the property's soil or drainage conditions rather than anything the tenant did or failed to do.
Supplying the tools or service if the tenant cannot maintain it
If a property has a large or complex garden that would be unreasonable to expect a tenant to maintain without specialised equipment, the landlord may need to either supply the tools or arrange and pay for a maintenance service. A tenant in a small apartment with a courtyard can reasonably be expected to hand-water pot plants. A tenant managing a half-acre garden with a significant hedge run cannot reasonably be expected to own a long-reach petrol hedge trimmer.
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What tenants are typically responsible for
Regular lawn mowing and watering
If the lawn was well maintained at the start of the tenancy, the tenant is expected to mow it regularly through spring and summer, and water it appropriately under Melbourne's water restrictions. This is one of the most commonly disputed items at the end of a tenancy when the lawn has deteriorated significantly. Photographs at the start of the tenancy — part of the condition report — are critical for establishing the baseline.
Weeding and general tidiness
Basic garden tidiness — weeding garden beds, removing dead material, keeping paths clear — falls to the tenant. This does not mean the tenant needs to replant or redesign the garden. It means keeping what is there in roughly the condition it was in at the start.
Maintaining the condition that existed at the start of the tenancy
This is the key principle. The tenant's obligation is to maintain, not to improve. If the garden was modest at move-in, a modest garden at move-out is acceptable. The condition report and photos at the start of the tenancy are the reference point.
What the lease should say: common garden clauses
A well-drafted lease should specify who is responsible for which garden tasks. Common clauses include:
- Tenant responsible for regular mowing and watering
- Landlord responsible for tree pruning and major works
- Landlord to arrange and fund professional hedge trimming where hedges are tall or extensive
- Tenant to notify landlord of any plant disease, pest, or significant garden problem
A clause that simply says "tenant responsible for garden maintenance" without defining what that means creates more disputes than it prevents. The more specific the lease, the cleaner the end-of-tenancy process. If you are comparing this to other common maintenance costs, our garden maintenance cost guide for Melbourne covers typical pricing for the most common tasks.
When a landlord arranges a regular gardening service
Some landlords — particularly for premium properties, properties with complex gardens, or investment properties where they want to protect the garden asset — arrange and pay for a regular garden maintenance service directly. This removes the ambiguity of the tenant arrangement and ensures the garden is maintained consistently regardless of the tenant's engagement.
The cost of a regular maintenance service can be factored into the rent amount. For properties in areas like garden maintenance in Cranbourne and surrounding outer suburbs, a professional service is often more cost-effective than the alternative of managing disputes and remediation at the end of the tenancy.
FAQ: Garden maintenance for rentals in Victoria
Does a tenant have to mow the lawn in Victoria?
Yes, if the lawn was maintained at the start of the tenancy. Tenants are responsible for keeping the garden in the condition it was in when they moved in, which includes regular mowing during the growing season. To find a reliable gardener for the property, a professional service with documented visits makes the end-of-tenancy process much cleaner.
Can a landlord charge a tenant for garden maintenance?
A landlord can seek compensation from the bond or through VCAT if a tenant has allowed the garden to deteriorate significantly beyond normal wear and tear. They cannot arbitrarily charge for routine garden maintenance that predates the tenancy or results from normal seasonal growth.
What happens if a tenant lets the garden become overgrown?
The landlord can issue a breach notice under the Residential Tenancies Act giving the tenant a reasonable timeframe to remediate. If the tenant does not comply, the landlord can apply to VCAT. Bond deductions for garden reinstatement are one of the more common tenancy dispute outcomes.
Can a gardening service cost be included in the rent?
Yes. A landlord can arrange a professional garden maintenance service and factor the cost into the rent. This is a clean solution for complex or high-value gardens where consistent maintenance is important. It must be disclosed clearly in the lease as part of the rental arrangement.
