When renting a property in Belgium, it’s not uncommon to find a garden adorned with trees, hedges, or shrubs. These green additions, while enhancing the beauty of the property, require regular maintenance. But the question arises: Who is responsible for this upkeep – the tenant or the landlord?
The Tenant’s Duty
In Belgium, the tenant is obligated to maintain the garden of the rented property, just as they are responsible for the upkeep of the building itself. This means that tasks such as weeding, mowing the lawn, and general garden maintenance fall under the tenant’s purview. Essentially, the tenant must care for the garden as a diligent homeowner would.
Regional Guidelines
Belgium, with its three distinct regions, has specific lists detailing repair and maintenance tasks, designating responsibilities either to the tenant or the landlord. These lists also provide clarity on who should undertake pruning tasks in a garden.
For instance:
– In Flanders, the list specifies that the tenant is responsible for trimming trees and shrubs, ensuring it’s done professionally.
– In Brussels and Wallonia, the tenant is tasked with periodic trimming and pruning of trees and hedges. However, the landlord is responsible for pruning tall trees, unless there are other agreements in place.
Additional Agreements
While the regional guidelines provide a clear framework, it’s essential to note that landlords and tenants can have additional agreements in their lease. However, if these additional obligations are imposed on the tenant, they might not always be legally binding. It’s crucial for both parties to be aware of their rights and ensure that any added terms are mutually agreed upon and valid.
Documenting the Garden’s Condition
For landlords, it’s imperative to ensure that the garden’s condition is thoroughly documented in the property’s initial state report at the beginning of the lease. This documentation serves as a reference point. If the garden’s condition isn’t recorded at the start, the tenant is assumed to have received the property (including the garden) in the same state it is at the end of the lease.
Conclusion
Maintaining a garden is essential for preserving the aesthetic and health of the property. While regional guidelines in Belgium provide a clear division of responsibilities between landlords and tenants, it’s always beneficial to have open communication. Both parties should discuss and agree upon garden maintenance responsibilities to ensure a harmonious renting experience.
For tenants, it’s an opportunity to enjoy and care for a green space, enhancing their living experience. For landlords, a well-maintained garden can increase the property’s appeal and value. In the end, a well-kept garden benefits everyone involved.
Open Immovlan