Dispute with Property managers...

[AcurA]

Hi All,
I would like some advice on the flowing problem I have with my property management company. Below is a simplified version of the whole story.

My rental property has a Hedge and we have always assumed that the tenants were responsible for taking care of this - trimming etc.
We have always believed this as our property manager (who has conveniently since resigned) never said other wise.
2 things i would have expected the Property Manager to have done.

• Included the hedge trimming in the Tenancy Contract.
• Or advised us that we should be taking care of the Hedges if it wasn't in the contract?

This was never done and the tenants are now billing us for for a couple of Hundred dollars for doing this work.

I believe the Property Management company should be liable for that cost for not doing their job properly - One would assume that is what I pay them for.
Of course they are not wanting to pay this (they have actually agreed to pay a similar amount for another issue which I have not explained here).

My question is should I take this to court - or bite the bullet given the small cost in dispute here?

[Perry]

This was never done and the tenants are now billing us for for a couple of Hundred dollars for doing this work.

My question is should I take this to court - or bite the bullet given the small cost in dispute here?

If the tenants had the view that it was the PM's (and owner's) responsibility to trim the hedge, the tenants are required to give Notice to the PM/LL, pursuant to . . .

45 Landlord’s responsibilities
(1) The landlord shall—
(d) compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where—
(i) the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and
(ii) the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so.

Did you (or the PM) receive such notice?

Given what you describe, the tenant may be able to assert (prove?) that notice was given to the PM.

Theoretically, the TT Kangaroo Kourt should not rule in favour of the tenant, as an un-trimmed hedge does not fit the RTA criteria of being likely to . . .

to cause injury to persons or property or is otherwise serious and urgent;

[jimO]

$200 eh sounds cheap to have someone come cut your hedge, i would just pay up if i was you

[AcurA]

Like i say this is a shortened version of the whole story - this has gone to tenancy tribunal and it was the ruling that we need has to be pay them back for the hedges. We were completely missrepresented in court - but what's done is done.

My problem is now who should should pay this bill.

[AcurA]

$200 eh sounds cheap to have someone come cut your hedge, i would just pay up if i was you

I hear you...

[Nick G]

I have a hedge and it is my (landlords) responsibility to trim it. Big garden work like hedge and trees should be the landlords job because it requires specialist equipment and skill, plus the cost of taking away the cuttings.

[Perry]

I have a hedge and it is my (landlords) responsibility to trim it.

How was that decided?

[Nick G]

Common sense. The thing goes right along the front of the property and is huge, no way would I expect a tenant to be able to trim it and pay for taking away the rubbish. You would need a power tool and probably a ladder.

[Bobsyouruncle]

Never heard of a tenant being responsible for trees and hedges, we do all of ours.

[AcurA]

You guys are missing the point here - not interested in who is supposed to do the hedge (I figured this out).
My beef is with poor or no advice given by the property manager to that effect. If PM had said Hedges are my responsibility that is fine - other option if I wanted would be to add this to the tenancy clause which I believe i can do (not that i would... now) - but not of these options were ever given to me.
So would I have a case against him for not doing his work properly?

[flyernzl]

. . . . . . assumed . . . .

Life lesson to be learned here:
Never, ever, assume anything.
Always make sure that all details are specified - in writing.

[Rentex]

Hi AcurA,
It's very unusual for tenants to be responsible for hedges and trees. As said above, these are almost always a landlord's responsibility.
The PM might have misunderstood a discussion with you or made the mistake of assuming that you know trees are your expense.

Regarding the tenant's bill:
Ask the PM for the agreement made between tenant and property manager for the tenant to be reimbursed for hedge trimming.
This will confirm whether or not the tenant is technically due reimbursement.

Is $200 the same cost or cheaper than arranging a contractor to do the work?
If so then you may consider it fair to pay the tenant this time, depending on history with the tenant/PM. You may have been saved expense through the arrangement.

Lastly, to prevent a reoccurrence, decide if you want the tenant to do it or not going forward.
Email or have your PM email the tenant and get their written confirmation of the decision.

Then provide specific written instruction to your PM on all maintenance going forward. Make a plan for the known and unknowns.

It's almost always better for Landlords and Property Managers to arrange their own maintenance rather than to ask tenants or agree to tenants offers.

[Meehole]

Like i say this is a shortened version of the whole story - this has gone to tenancy tribunal and it was the ruling that we need has to be pay them back for the hedges. We were completely missrepresented in court - but what's done is done.

My problem is now who should should pay this bill.

What was the agreement between you and PM? There must be something in the Management agreement about who is responsible for the hedge, PM or tenant?

[Jerk]

You guys are missing the point here - not interested in who is supposed to do the hedge (I figured this out).
My beef is with poor or no advice given by the property manager to that effect. If PM had said Hedges are my responsibility that is fine - other option if I wanted would be to add this to the tenancy clause which I believe i can do (not that i would... now) - but not of these options were ever given to me.
So would I have a case against him for not doing his work properly?

Do you need PM to tell you it's your responsibility to paint the house too?

The only questions are: did the hedge need trimming, and was the cost reasonable.

[Wayne]

Do you need PM to tell you it's your responsibility to paint the house too?

The only questions are: did the hedge need trimming, and was the cost reasonable.

I agree that the hedge is the LL responsibility but a tenant can't just do work and expect to be paid.
I would expect to have a discussion first rather than a bill later.
So I think the 3rd question is: why didn't they ask first?