Garden my responsibility or landlord's

generalmental · 26-06-2014 2:09pm #1

Hi all just looking for some advice please.

Just to let you know that this is the first time I have ever rented a house all properties before we're apartments or flats.

The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.

When I moved in there was a lawnmower there but it was still cold at that time so I didn't need to use it.

But when it started to grow and I needed to cut the grass Surprise surprise the mower didn't work. I have been at him for a new mower or the original one fixed but all I keep getting off him is that "He will get to it".

I couldn't put up with it so I rented a Strimmer and a Lawnmower at a cost of €40.

I think that I should deduct that from the rent but I'm not 100% sure who's responsibility it is for the garden.
I just want to say that I am not expecting him to do the Garden, I will do it but I need the tools to sort the Garden out.

Any advice would be much appreciated.

tylerdylan · 26-06-2014 2:19pm

When I moved into the place I rent I enquired about the mower to the agent and was told that its my responsibility as I am using the garden.

I duly bought a lawn mower and then of course silly me no where to keep said lawn mower :eek: so luckily a friend sorted a shed for me (no shed was at the property)

At least if you buy the lawn mower you can use for the next place.

ted1 · 26-06-2014 2:24pm

generalmental wrote: »

Hi all just looking for some advice please.

Just to let you know that this is the first time I have ever rented a house all properties before we're apartments or flats.

The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.

When I moved in there was a lawnmower there but it was still cold at that time so I didn't need to use it.

But when it started to grow and I needed to cut the grass Surprise surprise the mower didn't work. I have been at him for a new mower or the original one fixed but all I keep getting off him is that "He will get to it".

I couldn't put up with it so I rented a Strimmer and a Lawnmower at a cost of €40.

I think that I should deduct that from the rent but I'm not 100% sure who's responsibility it is for the garden.
I just want to say that I am not expecting him to do the Garden, I will do it but I need the tools to sort the Garden out.

Any advice would be much appreciated.

What does your lease say?

generally if the Landlord provides the equipment you have to look after it, if he doesn't then he does. so with his failure to provide a working mower he should look after it.

under no circumstances should you make subtraction from the rent.

generalmental · 26-06-2014 2:45pm

ted1 wrote: »

What does your lease say?

generally if the Landlord provides the equipment you have to look after it, if he doesn't then he does. so with his failure to provide a working mower he should look after it.

under no circumstances should you make subtraction from the rent.

It's not that I WANT to deduct from the rent, I can't afford that kinda money my job is not well paid.

Plus I generally have a good relationship with him but this has left a sour taste in my mouth

ted1 · 26-06-2014 3:06pm

generalmental wrote: »

It's not that I WANT to deduct from the rent, I can't afford that kinda money my job is not well paid.

Plus I generally have a good relationship with him but this has left a sour taste in my mouth

failure to pay rent is grounds for an eviction. YOU took it upon yourself to rent the equipment. the landlord didn't choose to.

GavMan · 26-06-2014 3:33pm

ted1 wrote: »

failure to pay rent is grounds for an eviction. YOU took it upon yourself to rent the equipment. the landlord didn't choose to.

After making reasonable attempts to have the landlord remedy the situation. Speak to the landlord about have to rent the equipment before taking it out of the rent. maybe he'll be happy to let it slide.

ABajaninCork · 26-06-2014 3:39pm

We maintain the garden in our house. But the landlord has supplied a lawnmower, and there is a shed to keep it in. It also states on the lease the tenant is responsible for cutting the grass.

But I like to potter in the garden, so I have lots of pots outside on the patio where I have some plants, a couple of roses, and grow my own thyme, parsley & oregano. We've also weeded the central plot and put down bark at our own expense to keep the plot tidy and the weeds down.

I'd check the lease again.

whippet · 26-06-2014 3:45pm

I can't understand someone living in a house watching the grass grow into a jungle front of their eyes ..... regardless of who's responsibility it ... have you any idea what is up the mower? is it an easy fix? most areas have fellas that will do it for you for a tenner or so.

Victor · 26-06-2014 4:06pm

Legally, the landlord is responsible for making sure the grounds are maintained. However, they can transfer that responsibility to the tenant via the lease.

jay0109 · 26-06-2014 4:20pm

Victor wrote: »

Legally, the landlord is responsible for making sure the grounds are maintained. However, they can transfer that responsibility to the tenant via the lease.

How does this work insurance wise...what if the tenant loses a few fingers wile mowing the grass?
I would have thought it was the Landlords obligation to keep the gardens maintained....safer option too for the landlord, even if morehassle

generalmental · 26-06-2014 5:28pm

ted1 wrote: »

failure to pay rent is grounds for an eviction. YOU took it upon yourself to rent the equipment. the landlord didn't choose to.

To be honest I will take that chance. It's not the first time I have had to pay something cause he didn't fix a problem in HIS house and I am not prepared to be out of pocket for a second time..

Plus the fact I have no hoover and have never had a hoover since I lived here do you want me to pay for that too...

ABajaninCork · 26-06-2014 5:30pm

generalmental wrote: »

To be honest I will take that chance. It's not the first time I have had to pay something cause he didn't fix a problem in HIS house and I am not prepared to be out of pocket for a second time..

Plus the fact I have no hoover and have never had a hoover since I lived here do you want me to pay for that too...

Eh? What's wrong with you buying one and taking it with you when you leave?? How on earth do you keep the place clean otherwise???

generalmental · 26-06-2014 5:31pm

Victor wrote: »

Legally, the landlord is responsible for making sure the grounds are maintained. However, they can transfer that responsibility to the tenant via the lease.

Like I said I have no problem maintaining the Garden, I actually enjoyed it. But why should I have to fork out for a lawnmower when there was one already here when I moved in. As far as im concerned a precedent was set

generalmental · 26-06-2014 5:34pm

ABajaninCork wrote: »

Eh? What's wrong with you buying one and taking it with you when you leave?? How on earth do you keep the place clean otherwise???

With great difficulty I have to use my hands to clean the carpet.

Why should I buy one. Any other place I have rented before had a hoover or at least the use of a hoover.

ABajaninCork · 26-06-2014 5:38pm

generalmental wrote: »

With great difficulty I have to use my hands to clean the carpet.

Why should I buy one. Any other place I have rented before had a hoover or at least the use of a hoover.

Oh dear. You will insist on making things hard for yourself. I have no sympathy for you. A vacuum is cheap enough to buy and easy enough to move around.

generalmental · 26-06-2014 5:43pm

ABajaninCork wrote: »

Oh dear. You will insist on making things hard for yourself. I have no sympathy for you.

Can you elaborate on this please...

Living In laois, working in Dublin. So after travel and rent and feeding my wife and kids I don't have the cash to buy shag all never mind a hoover.
Plus his excuse is that the Last tenant stole it. Not every tenant does this

Baby01032012 · 26-06-2014 5:59pm

Hoover is not an item that the landlord is required to provide. Buy a cheap one yourself that will do the job.

generalmental · 26-06-2014 6:00pm

Baby01032012 wrote: »

Hoover is not an item that the landlord is required to provide. Buy a cheap one yourself that will do the job.

Can't afford one. Surely if he wants his house clean he can get one

Baby01032012 · 26-06-2014 6:14pm

generalmental wrote: »

Can't afford one. Surely if he wants his house clean he can get one

Problem is he doesn't live there. You and your family do. And you have their health to consider. Landlord is not responsible for cleaning up after you ony for providing a roof over you and peaceful enjoyment thereof. Also you risk loosing deposit if not maintained to a reasonable standard.

generalmental · 26-06-2014 6:45pm

Baby01032012 wrote: »

Problem is he doesn't live there. You and your family do. And you have their health to consider. Landlord is not responsible for cleaning up after you ony for providing a roof over you and peaceful enjoyment thereof. Also you risk loosing deposit if not maintained to a reasonable standard.

You're right on every point but one. I will never ever lose my deposit again been burned like that before.

ABajaninCork · 26-06-2014 7:34pm

generalmental wrote: »

Can you elaborate on this please...

Living In laois, working in Dublin. So after travel and rent and feeding my wife and kids I don't have the cash to buy shag all never mind a hoover.
Plus his excuse is that the Last tenant stole it. Not every tenant does this

Certainly. I'm on the dole. So I get even LESS money than you. I still have a cheap vacuum to clean the house with. The LL's one doesn't work. Did I create about it? No. I bought a cheapie from Argos that does the job just fine. I don't have to clean the carpets by hand. I save my back. And I'll take it with me when I move. End of story

ted1 · 26-06-2014 10:02pm

generalmental wrote: »

To be honest I will take that chance. It's not the first time I have had to pay something cause he didn't fix a problem in HIS house and I am not prepared to be out of pocket for a second time..

Plus the fact I have no hoover and have never had a hoover since I lived here do you want me to pay for that too...

Yes, pay for your own Hoover.

ted1 · 26-06-2014 10:04pm

generalmental wrote: »

Can't afford one. Surely if he wants his house clean he can get one

When you are renting the house it's YOUR HOUSE the landlord isn't even step inside of it without asking for permission 24 hours in advance

The landlord doesn't care if the house is clean or dirty, as long as its clean when you move out. If it's not it will come out of your deposit

Sulla Felix · 26-06-2014 10:09pm

generalmental wrote: »

With great difficulty I have to use my hands to clean the carpet.

Why should I buy one. Any other place I have rented before had a hoover or at least the use of a hoover.

Ahh, come on like! You can't clean a carpet with your hands. How long are you living here that the place has never been hoovered?

im blue daba dee · 26-06-2014 10:11pm

generalmental wrote: »

You're right on every point but one. I will never ever lose my deposit again been burned like that before.

Hope you leave the place spotless, with everything in working order so...

deirdremf · 26-06-2014 10:46pm

generalmental wrote: »

Hi all just looking for some advice please.

Just to let you know that this is the first time I have ever rented a house all properties before we're apartments or flats.

The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.

When I moved in there was a lawnmower there but it was still cold at that time so I didn't need to use it.

But when it started to grow and I needed to cut the grass Surprise surprise the mower didn't work. I have been at him for a new mower or the original one fixed but all I keep getting off him is that "He will get to it".

I couldn't put up with it so I rented a Strimmer and a Lawnmower at a cost of €40.

I think that I should deduct that from the rent but I'm not 100% sure who's responsibility it is for the garden.
I just want to say that I am not expecting him to do the Garden, I will do it but I need the tools to sort the Garden out.

Any advice would be much appreciated.

My understanding is that the landlord is responsible for the garden, very few of them actually do anything, BUT you probably don't want them around the place anyway.
My first question would be, is the house registered with PRTB?
You can find out here: https://portal.prtb.ie/public_registrations.aspx
If it isn't, start asking the landlord about that. If it isn't registered, he won't be paying tax on his income from the house, in all probability, which gives you a good negotiating position. And so you can get at least some of what you want. Of course, it may antagonise him, but you're not paying for friendship, are you?
This should allow you to get your money back, get a new mower, get a vacuum cleaner maybe. After if he has put down carpets, he should make sure you have some way to clean them!

About taking the money out of the rent, I'm not sure, but you are certainly entitled to get it back if you gave him plenty of chances to put things right and he did nothing.
Lots of information at Citizens Information:

Details of minimum standards

For each apartment, flat or house being rented as a separate unit, the landlord must ensure that the rental property is in a proper state of structural repair. The Regulations require the landlord to maintain the property in a sound state, inside and out. They specify that roofs, roofing tiles, slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascias, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas must be maintained in good condition and repair. They must not be defective due to dampness or otherwise.

deirdremf · 26-06-2014 11:00pm

Baby01032012 wrote: »

Hoover is not an item that the landlord is required to provide. Buy a cheap one yourself that will do the job.

I think he is required to ensure you have the equipment to keep the house etc properly.
A lawnmower is required to cut grass, a vacuum cleaner is required to clean carpets - if the carpets come with the house, a suitable cleaner will have to be provided.

makeorbrake · 26-06-2014 11:07pm

im blue daba dee wrote: »

Hope you leave the place spotless, with everything in working order so...

Yep, and if he does, then there will be no issue with deposit.

generalmental wrote:

Living In laois, working in Dublin. So after travel and rent and feeding my wife and kids I don't have the cash to buy shag all never mind a hoover.

generalmental wrote:

Can't afford one. Surely if he wants his house clean he can get one

On affordability => http://www.adverts.ie/vacuum-cleaners/dyson-vacuum-cleaner/5308993 - top quality at €35 quid.
On your attitude i.e. "if he wants his house clean, he can get one" - you need to read your contract (aside from adjusting your attitude). Keeping the place clean is your RESPONSIBILITY.

It's a two way street.

deirdremf wrote:

My first question would be, is the house registered with PRTB?
You can find out here: https://portal.prtb.ie/public_registrations.aspx
If it isn't, start asking the landlord about that.

Charming! Don't get me wrong - I am not suggesting that tax evasion (in the event that he has gone that route - we don't know - it hasn't come up here) is right and proper. However, the OP says he has a 'good relationship' with the landlord - and this is your suggestion for him at this particular point in time? It's a move akin to swatting a fly with a sledge.

=deirdremf wrote:

gardens and common areas must be maintained in good condition and repair.

Is this open to interpretation? Is grass cutting part and parcel of this? Before I get flamed, I'm asking - it's a genuine question.

Victor · 26-06-2014 11:12pm

jay0109 wrote: »

How does this work insurance wise...what if the tenant loses a few fingers wile mowing the grass?

It is an ordinary household risk, that a typical 14 year old can do safely.

You could also burn your self with the fire / cooker, fall down the stairs or slip in the shower.

I would have thought it was the Landlords obligation to keep the gardens maintained....safer option too for the landlord, even if morehassle

But what if the landlord loses a few fingers while mowing the grass?

sligoface · 26-06-2014 11:17pm

Why not get a quote for repair of the mower and tell the landlord what it is and would he like for you to get the repair done and deduct the cost from the rent? Presumably he is just being lazy about it and will take this option. You will need transport and it is hassle, but might be easier than any other option and more cost effective than renting equipment.

makeorbrake · 26-06-2014 11:21pm

sligoface wrote: »

Why not get a quote for repair of the mower and tell the landlord what it is and would he like for you to get the repair done and deduct the cost from the rent? Presumably he is just being lazy about it and will take this option. You will need transport and it is hassle, but might be easier than any other option and more cost effective than renting equipment.

It seems like a reasonable way to approach things - rather than going straight in for confrontation.

Garden my responsibility or landlord's

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