Evoenergy/Actew tells me I have to trim the trees – do I?

(Since 1 January 2018, Evoenergy has managed the electricity network in the ACT and the gas network in the ACT, Queanbeyan, Jerrabomberra, Bungendore and Nowra. ActewAGL continues as a retail brand, which sells electricity and gas to customers in competition with other retail businesses and looks after the billing and customer enquiries.)

 

Under tenancy law, your landlord is responsible for trimming trees on your property, but under the Utilities (Technical Regulation) Act 2014, Evoenergy can request you to trim the trees and bill you if you don’t. If you cannot persuade your landlord to trim the trees, and Evoenergy bills you, you can seek compensation through the ACT Civil and Administrative Tribunal.

Why is the landlord responsible under tenancy law?

The standard residential tenancy terms don’t mention tree trimming. The terms say that tenants must take reasonable care of the property and keep it reasonably clean (clause 63(c)). The terms also say that landlords must carry out urgent repairs that involve dangerous electrical faults, or make the premises unsafe or likely to cause injury (clauses 59 and 60).

So, tenants are expected to do some gardening to take care of the plants and keep the garden clean. But when trees start growing near powerlines and it becomes a safety issue, then trimming trees is a repair that the landlord is responsible for. Also, tenants are expected to take care of the property while they are there, but they are not expected to fix problems that started before they moved in. Tenants are not required to improve the premises (clause 65). Trees take years to grow near powerlines, so they should be maintained by the landlord because the landlord is obliged to provide and maintain the premises in a reasonable state of repair (clauses 54 and 55).

Another reason why it is the landlord’s responsibility to comply with Evoenergy’s notices is that trees and vegetation within 1.5 meters of poles and powerlines must be trimmed by a qualified professional. Tenants shouldn’t have to hire professionals to meet their obligations under a tenancy. On the other hand, landlords are normally expected to use professionals to meet their obligations for repairs and maintenance.

Furthermore, tenants would ordinarily be in breach of their tenancy agreement if they started removing parts of the premises, including plants.

Why can Evoenergy order a tenant to trim trees or pay the bill?

Evoenergy doesn’t operate under tenancy law, but under the Section 3(c) of the Utilities (Technical Regulator) Act 2014, Evoenergy:

“may require the landholder to carry out the activity [tree trimming] within a stated period.”

Section 6 of the Utilities (Technical Regulator) Act 2014 states that:

 

“If the landholder does not carry out the activity in accordance with a requirement in the notice mentioned in subsection (3) (c):

 

(a)   the utility may carry out the activity; and

(b)   the reasonable expenses thus incurred by the utility are a debt due to the utility by the landholder.”

Under the definitions section, a ‘landholder’ means either the owner or the occupier of the land.

What do I do if Evoenergy gives me a notice to trim the trees?

As a starting point, you should send a copy of the notice to your landlord, because you are obliged to notify the landlord of the need for repairs. You should explain to your landlord in writing that it is their obligation to keep the premises safe and secure and carry out repairs. You should set out a list of convenient times for the landlord to have the trees trimmed. Ask the landlord to respond to your letter by a certain date, to let you know when to expect the tree to be trimmed.

 

If you want to, you can also remind the landlord that if they do not meet their obligations under tenancy law, you are entitled to compensation for any loss you suffer. You can say that, if the landlord does not trim the trees and Evoenergy bills you, you may (or will) make an application to the ACT Civil and Administrative Tribunal for compensation.

Call the Tenants’ Advice Service for further advice.

 

IMPORTANT NOTE:

Tenants’ Union ACT publishes this website as a free service to the public. Please note that the information on this site is only relevant to renters in the ACT. This website provides information about the law designed to help users understand their legal rights and obligations. However legal information is not the same as legal advice (the application of law to an individual's specific circumstances). Although we make all efforts to ensure our information is accurate and useful, we recommend you consult the Tenants Advice Service for advice specific to your circumstances. You are also free to consult an independent solicitor for a second opinion. Please note that this website is NOT intended to be used as a substitute for specific legal advice or opinions and the transmission of this information is NOT intended to create a solicitor-client relationship between the Tenants’ Union ACT and members of the public. Tenants’ Union ACT makes no representations as to accuracy, completeness, currency, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or losses, injuries, or damages arising from its display or use.  Please also note when the page was last updated, as the law may have changed.