Trimming Trees and Hedges in Residential Tenancies
In New Zealand residential tenancies, the responsibility for trimming trees and hedges is not explicitly detailed in the Residential Tenancies Act 1986 (RTA). Instead, it is inferred from the general obligations of landlords and tenants regarding the maintenance and upkeep of the 'premises'. The 'premises' refers to the land and buildings let under a tenancy agreement [Source: Residential Tenancies Act 1986, s 2].
Tenant's Responsibilities
Tenants are generally responsible for routine garden maintenance, which includes keeping the premises reasonably tidy. This obligation typically extends to tasks such as mowing lawns, weeding garden beds, and light pruning or trimming of small shrubs and hedges that are within the tenant's capability and do not require specialist equipment or expertise [Source: Residential Tenancies Act 1986, s 40(1)(c)]. Tenants are also required to prevent damage to the premises [Source: Residential Tenancies Act 1986, s 40(1)(d)] and to notify the landlord of any damage or need for repairs [Source: Residential Tenancies Act 1986, s 40(1)(e)].
Landlord's Responsibilities
Landlords have a duty to maintain the premises in a reasonable state of repair [Source: Residential Tenancies Act 1986, s 45(1)(a)]. This responsibility typically covers significant tree work, such as the trimming or removal of large trees that:
- Require specialist equipment (e.g., chainsaws, elevated platforms).
- Pose a safety risk (e.g., dead or diseased branches, structural instability).
- Are likely to cause damage to the property (e.g., roots impacting foundations, branches overhanging the roof).
- Are a requirement under any enactment for health and safety [Source: Residential Tenancies Act 1986, s 45(1)(b)].
Landlords are also responsible for the general structural integrity and safety of the property, and this extends to trees that could impact these aspects.
Impact of the Tenancy Agreement
While the RTA outlines general responsibilities, the specific tenancy agreement between a landlord and tenant can include clauses that clarify who is responsible for certain garden maintenance tasks. However, a tenancy agreement cannot 'contract out' of the RTA, meaning it cannot impose obligations on a tenant that contradict or reduce the landlord's fundamental duties, or vice versa [Source: Residential Tenancies Act 1986, s 11]. For example, a clause attempting to make a tenant responsible for major tree felling or maintenance that clearly falls under the landlord's duty to maintain the property in a reasonable state of repair might be deemed unenforceable by the Tenancy Tribunal, a judicial body established to resolve disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 61].
If the agreement is silent on tree and hedge trimming, the general principles derived from the RTA's maintenance clauses will apply, with routine upkeep typically falling to the tenant and significant or safety-related work to the landlord.
Dispute Resolution
If a dispute arises between a landlord and tenant regarding who is responsible for trimming trees or hedges, either party can apply to the Tenancy Tribunal for a decision. The Tribunal will consider the specific circumstances, the terms of the tenancy agreement, and the general obligations under the Residential Tenancies Act 1986 to make a determination [Source: Residential Tenancies Act 1986, s 77].
When to Seek Independent Legal Advice
Individuals involved in a dispute over tree or hedge maintenance responsibilities, or those unsure about their specific obligations under a tenancy agreement, may seek guidance from Tenancy Services, Community Law Centres, or a private lawyer. This information does not constitute legal advice, and professional guidance is recommended for specific situations.