When tree branches start scraping roofs, blocking sunlight or threatening to fall during storms, responsibility for trimming and maintenance in a rental property can quickly become unclear. In densely treed suburbs, disputes can arise between landlords, tenants and property managers over who should organise and pay for tree work. North Shore Tree Services assists with situations involving overgrown branches, dangerous trees, boundary disputes and council compliance issues in residential rentals. Understanding how NSW tenancy law, council regulations and lease obligations work together can help prevent liability issues, property damage and unnecessary conflict.
This article explains how responsibility can shift depending on whether the work involves routine garden maintenance, urgent safety hazards, structural damage or regulated tree services in Sydney. It also outlines the role of council approvals, arborist assessments and written tenancy agreements in determining who must act and when.
Responsibility for tree trimming in a rental property usually follows a practical distinction: landlords are responsible for major tree maintenance, safety issues and structural concerns, while tenants are generally responsible for basic garden upkeep. However, the exact obligations depend on the lease, the condition of the trees at the start of the tenancy and whether there is an immediate safety risk.
Under NSW residential tenancy law, landlords must provide and maintain the property in a reasonable state of repair. This includes addressing trees that create safety hazards, damage the premises or require specialist maintenance. Tenants, on the other hand, are expected to keep the property reasonably clean and notify the landlord or managing agent when repairs or hazards arise.
Understanding this distinction helps prevent disputes and ensures trees are managed safely, legally and in line with the tenancy agreement.
In NSW, major tree work is usually considered the landlord’s responsibility because it relates to the safety, structure and legal compliance of the property. This typically includes:
Tenants are usually responsible for routine garden maintenance unless the lease states otherwise. This may include mowing lawns, clearing fallen leaves, light weeding and minor pruning of small plants that can be safely reached from the ground.
A general gardening clause in a lease does not automatically mean the tenant is responsible for lopping branches, reducing canopy size or arranging professional tree work. Where the wording is unclear, tenants should seek written clarification before cutting anything beyond basic garden upkeep.
When a tree or branch poses an immediate safety risk, the obligation to address it usually sits with the landlord, even if the tenant handles general gardening. Examples include:
Tenants should notify the landlord or managing agent in writing as soon as a risk is identified and provide photos where possible. This creates a clear record that the issue was reported and helps the landlord assess the urgency of the situation.
Landlords are then expected to arrange suitable inspection, make safe works or professional tree services within a reasonable time frame. If a dangerous tree is ignored and causes damage or injury, there may be insurance, liability and tenancy complications. Timely reporting by the tenant and timely action by the landlord are both important.
Routine garden maintenance generally means day-to-day care that a reasonable tenant can manage with basic tools and no specialist skills. It focuses on keeping lawns, garden beds and small plants in a similar general condition to how they were at the start of the tenancy, allowing for fair wear and tear.
Typical tenant responsibilities may include:
If the property was handed over with neat lawns and simple garden beds, tenants are normally expected to return it in comparable condition. This does not mean they are responsible for reshaping trees, cutting large branches or correcting long-term structural tree problems.
Routine maintenance does not usually include tree trimming that involves height, heavy branches, specialist equipment or real safety risk. Once branches are large, high, close to structures or difficult to access, the work moves beyond ordinary tenant care.
Tasks that generally fall outside routine maintenance include:
These kinds of tasks are usually treated as the landlord’s responsibility and may require a qualified arborist. Tenants should not attempt this level of work, even if they are confident with tools, because it can create safety risks, liability issues and possible council compliance problems.
Tree work becomes a landlord’s responsibility when it affects safety, structural integrity, access, essential services or legal compliance. This is because the issue goes beyond presentation and directly relates to the landlord’s obligation to provide and maintain a safe, reasonably usable property.
Typical examples include:
These issues are not simply garden presentation problems. They can affect the condition, safety and function of the rental property, so they should be raised with the landlord or property manager as soon as they are noticed.
Tree work also becomes a landlord issue when required by council, strata, an electricity network provider or another authority. Fines or enforcement action are generally directed at the property owner, not the tenant. A landlord cannot usually shift responsibility for legal compliance to the tenant through a general garden maintenance clause.
Before cutting branches on a rental property, tenants should confirm who is responsible and what is actually permitted. Acting too quickly can create disputes with the landlord or managing agent and may lead to claims for property damage, unauthorised alterations or breach of the tenancy agreement.
The first step is to check the lease. Look for clauses that mention pruning, trimming, hedges, trees or garden maintenance. General gardening clauses usually cover mowing, weeding and simple upkeep only. They do not automatically allow tenants to lop branches, remove limbs or change the shape of established trees.
If the lease is silent or unclear, tenants should assume that pruning large branches or working at height is not part of their responsibility. The issue should be raised with the landlord or property manager in writing before any work is arranged.
Before trimming branches beyond light cosmetic pruning of small shrubs, tenants should request written consent from the landlord or managing agent. A brief email is usually enough if it clearly explains the issue.
The message should describe the problem, such as branches touching the roof, blocking gutters, overhanging a clothesline or restricting a pathway. Photos from a few angles can help show the size, height and location of the branches, as well as any visible risk to the property.
Tenants should also ask whether the landlord will arrange a qualified arborist or whether permission is given for the tenant to organise the trimming. If a professional quote is involved, it should be clear who will approve the work, who will pay and whether reimbursement is expected.
No significant work should begin until written approval is received. Verbal consent can be difficult to prove later, especially if a bond dispute arises over alleged damage or unauthorised changes to trees or hedges.
Safety and compliance should be considered before any cutting takes place. Branches near overhead power lines should never be cut by a tenant. In these situations, the electricity network provider or a qualified tree contractor authorised to work near powerlines may need to be involved.
Many councils also regulate pruning and removal of certain trees, especially larger, native or protected species. Some trees require approval even for substantial branch reduction. Tenants should check the relevant local council website for tree preservation rules and ask the landlord or managing agent to handle any application where approval is required.
If trimming is minor and clearly within the tenant’s obligations, it should still be done safely. Only small, low branches that can be reached from the ground with hand tools should be considered. Using ladders, chainsaws or power tools is not appropriate for tenants because it greatly increases the risk of injury, property damage and liability.
Tree removal and major pruning are treated very differently from routine garden maintenance. In a rental situation, the owner is usually responsible for obtaining approvals and engaging qualified arborists, while the tenant should avoid any work that could be considered major without written consent.
Local councils may require formal approval to remove or heavily prune established trees. Acting without the correct permit can lead to fines for the property owner and, in some cases, the contractor carrying out the work. This makes it important to understand what is allowed before arranging tree services.
Tree removal usually means taking a tree out completely, including cutting it down to stump level. Major pruning is more than light thinning or small branch removal. Work is likely to be treated as major pruning if it involves:
Tenants should only carry out minor trimming where it is clearly safe, permitted and within their garden maintenance duties. Any proposal to lop, heavily prune or remove a tree should be referred to the owner or managing agent before work is arranged.
Each council has its own tree preservation rules, development control requirements or local guidelines. Across Sydney’s North Shore, protected trees often meet one or more of the following criteria:
If a tree is protected, a formal application or online permit may be required before removal or heavy pruning. Supporting documents, such as photographs or an arborist report, may also be needed. Processing times can vary, so this should be checked early rather than after a dispute or hazard develops.
Some exemptions may apply for dead trees, immediate safety risks, specified weed species or small trees below the relevant size threshold. However, exemptions differ between councils, so the current council policy should always be checked before any decision is made.
An unsafe tree on a rental property needs prompt attention because safety and legal liability are involved. Once a tree shows signs of failure or has already dropped a limb, the issue should be reported and managed carefully rather than ignored or handled with unsafe DIY work.
Warning signs may include:
If any of these issues are present, the tenant should notify the landlord or managing agent in writing as soon as possible and keep a dated record of the report. Photos and a clear description of the location can help the property manager or landlord assess the situation quickly.
Before formal work is carried out, simple safety steps can reduce risk. People, vehicles and pets should be kept away from the danger zone, especially during wind or heavy rain. If branches threaten public areas or neighbouring properties, those affected should be warned where it is safe and practical to do so.
In severe weather, the NSW State Emergency Service may assist with temporary make safe works. After the immediate danger has been stabilised, a qualified arborist should assess the tree and recommend a long-term solution.
A qualified arborist familiar with NSW council requirements should inspect unsafe, protected or structurally compromised trees. An arborist can identify defects, assess the likelihood of failure and recommend whether pruning, remedial work or removal is appropriate.
An arborist report may also be needed for council applications, insurance claims or tenancy records. This can be especially important where the tree is protected, located near a boundary or has caused damage to the property or a neighbouring site.
The responsible party in the tenancy arrangement should lodge any required council application as quickly as possible. Once approval or an exemption is confirmed, work should not be delayed if the tree has been assessed as high risk.
Responsibility for tree trimming in a NSW rental property depends on the type of work involved, the lease terms and the legal obligations attached to property ownership and tenant care. Light garden upkeep may fall to the tenant, but major pruning, hazardous trees, structural damage and council-regulated work are generally matters for the landlord or managing agent.
Getting written approval, reporting risks early and seeking qualified arborist advice can help tree work be handled safely, legally and with fewer disputes. An arborist’s advice remains the most reliable way to confirm what work is required, what approvals may apply and how tree maintenance should be managed in a rental setting.
