Who maintains gutters, gardens, and pools in a rental?

We chat with RDRV’s rental law expert Senior Member Kylea Campana to understand these common repair and maintenance issues.

When something breaks or needs attention in a rental property, it’s not always clear who’s meant to fix it. Is it a minor job the renter can handle? Or is it a bigger task the rental provider needs to sort out?  

In this guide, we’ll explore some common repair and maintenance issues and how to handle them.

What does the law say?

Victoria’s Residential Tenancies Act 1997 (Vic) lays out the details of repair and maintenance responsibilities, which is summarised in this guide from Consumer Affairs Victoria.  

Essentially:

• The renter is responsible for keeping the place reasonably clean and reporting any repair and maintenance issues  
• The rental provider is responsible for keeping the property in good repair

But what counts as “good repair” or “reasonably clean”? And how do these rules play out with gutters full of leaves, overgrown lawns, or a pool turning green?  

Rental law expert explains outdoor repairs

Senior Member Kylea Campana is an experienced lawyer who specialises in rental law. She oversees RDRV’s work, and also decides VCAT cases about rental issues.

In her experience, disputes often come up when the rental agreement has ended and there’s a disagreement over the bond refund. This is because it can be tricky figuring out who’s responsible for what.

“If it’s something you need a cherry picker, ladder or special tools for, it’s the rental provider’s responsibility,” she says.  

“But if it’s something like cleaning up a few stray branches over the driveway, that’s probably up to the renter.”

Looking after the garden

As a general guide:

• Renters are obligated to keep the property tidy, which includes tasks like light weeding, mowing, and yard cleaning
• Rental providers are responsible for bigger jobs like pruning trees, clearing overgrown garden beds, and fixing drainage issues

“A renter has a responsibility to keep the premises reasonably clean, so that's where mowing the lawns, a little bit of weeding, and those sorts of things fall into play,” says Senior Member Campana.

“But if the rental provider hasn’t laid weed matting under gravel or carried out proper preparatory work, expecting a renter to constantly weed it is unreasonable - that’s an issue.” 

And repair and maintenance issues are the rental provider’s job.

The condition of the garden at the start of the rental agreement also matters. For example, if the backyard was overgrown when the renter moved it, they shouldn’t be expected to clean it up to get their bond back. 

Who’s responsible for the garden in a rental property? 

Pool maintenance

If a property has a pool, then generally:

• Renters must undertake day-to-day cleaning of the pool
• Rental providers must do major upkeep and regular water testing, which includes making sure the pool meets safety standards  

Senior Member Campana says that general cleaning activities (like sweeping leaves and checking chlorine levels) typically falls to the renter. But more technical maintenance should be arranged by the rental provider.  

“If I were renting out a place with a pool, I’d include servicing it as part of the rent so that a professional can do all those checks, like making sure the pool water’s balanced,” she says. 

What about gutter maintenance?

When it comes to ensuring the gutters are clear and working:

• Renters are not responsible for gutters, although they should report any issues like blockages or overflowing water  
• Rental providers are responsible for the regular upkeep of gutters – clearing leaves, fixing broken guttering, and making sure rainwater can drain properly  

Senior Member Campana observes there’s often an increase in these sorts of disputes when trees start losing their leaves in autumn.  

She recommends rental providers do annual maintenance checks to account for this.

“Once a year, just before the spring rains or just after autumn, come around and do a maintenance check,” she says.

“Remove all the leaves from the gutter. Do this on a regular basis rather than waiting for the renter to actually make a request.” 

Who’s responsible for the pool in a rental property?

Tips to avoid maintenance disputes in your rental property 

• Take photos of the garden, pool, and any damage at the start and end of a rental agreement
• If you’re renting a place and notice something needs fixing, report it as soon as you can
• Renters should not attempt major repairs – report them instead
• Rental providers should budget for seasonal and preventative maintenance – it protects the property and avoids future disputes
• Include any regular maintenance in the rental agreement 

Who’s responsible for the gutters in a rental property? 

Day in the life with Senior Member Kylea Campana