Tree Maintenance in Rentals: What the Tenancy Act Says

If you're a tenant, landlord or property manager in Western Sydney, you’ve likely faced questions around who handles tree maintenance at a rental property. Is it the tenant’s job to trim overhanging branches? Does the landlord have to trim trees in NSW? And who pays for emergency tree removal?

At GDE Tree Services, we regularly help both landlords and tenants navigate tree-related dilemmas. From pruning overgrown limbs to emergency tree removal after a storm, we’ve seen how complicated it can get—especially when responsibilities aren’t clearly defined in rental agreements.

In this guide, we’ll break down what the Residential Tenancies Act says about trees, explore common grey areas, and help you avoid disputes while staying safe and compliant.

Understanding Tree Maintenance Responsibilities in Rentals

In New South Wales, tree maintenance at rental properties falls under both tenancy law and local council regulations. According to the Residential Tenancies Act 2010 (NSW), landlords must maintain the property in a "reasonable state of repair" source, which can include significant tree work.

Meanwhile, tenants are responsible for day-to-day upkeep—think mowing the lawn or basic garden care. But when it comes to overgrown trees, damaged limbs, or invasive roots, things get trickier.

Let’s look at the main concerns we hear from Western Sydney residents.

Common Rental Tree Maintenance Scenarios

1. Overhanging Branches

Overhanging tree branches on a rental property can cause issues with neighbouring properties and pose safety hazards. In most cases:

• If the branches are minor and pose no immediate risk, trimming might fall under the tenant’s general yard maintenance.
• If they threaten property or public safety (e.g. limbs over a footpath or carport), the landlord is generally responsible.

Under the principle of landlord tree responsibility in NSW, it’s crucial that landlords keep trees from becoming hazards.

💡 Tip: If you're a tenant, check your lease to see if tree pruning is included under maintenance duties. If it's vague, request clarity in writing.

2. Storm-Damaged or Fallen Trees

Storm-damaged tree in Western Sydney after heavy rain? Whether it crashes into a fence or drops large limbs on a driveway, this usually counts as urgent repair. According to NSW Fair Trading’s emergency repair guidelines, fallen branches and trees may require immediate action.

In these cases:

• Landlords are generally responsible for emergency tree removal in Western Sydney.
• Tenants should notify the property manager or landlord immediately and avoid removing the tree themselves.

GDE Tree Services offers 24/7 emergency tree removal, so you can count on us when nature strikes unexpectedly.

3. Tree Roots Damaging the Property

Tree roots can lift concrete slabs, break pipes, or damage underground structures. If a tree causes property damage in a rental, the responsibility usually lies with the landlord.

Even if the tree was originally manageable, it becomes a landlord’s obligation once it threatens the structural integrity of the rental.

Some landlords choose to include clauses in the lease regarding root-prone trees. If you suspect tree roots are causing issues, it’s best to have a certified arborist inspect the site and issue a professional arborist report—something we at GDE Tree Services regularly provide.

NSW Rental Tree Pruning Laws and Legal Grey Areas

While there are no standalone “tree laws” in tenancy legislation, tree pruning rental agreement terms in NSW should ideally state:

• Who maintains trees regularly
• Whether large-scale pruning requires approval
• What happens in emergencies

However, tenants often ask, “Can I cut a neighbour’s tree on a rental property?” The answer: not without following local laws. While tenants can prune branches that overhang into their yard (up to the boundary line), they must not enter the neighbour’s property or damage the tree. If unsure, check with your local council before acting.



When trees cause disputes between tenants and landlords, NSW Civil and Administrative Tribunal (NCAT) may intervene, especially if property damage or safety issues arise.

Sustainable Tree Management at Rental Properties

At GDE Tree Services, we don’t just cut and go. We’re committed to sustainable, low-impact practices that protect the environment while keeping properties safe. Our eco-conscious approach includes:

• Minimising waste with mulching and on-site reuse
• Recommending pruning over full removal where possible
• Assessing tree health before deciding on action
• Using equipment that meets Australian noise and emissions standards

Tree health is part of property health. By preserving valuable shade trees and managing dangerous growth, we help landlords maintain value and tenants enjoy comfortable, leafy homes.

GDE Tree Services – Your Partner in Tree Maintenance

Whether you’re a landlord managing multiple rental properties or a tenant unsure about your rights, our experienced team can help.

We offer a full suite of services across Western Sydney:

 ✅ Tree removal in Western Sydney
✅ Tree trimming and pruning services Western Sydney
✅ Western Sydney tree lopping
✅ Emergency tree removal Western Sydney
✅ Land clearing Western Sydney
✅ Storm damaged tree removal Western Sydney

All delivered with a calm, respectful approach—because we know property issues can be stressful, and safety comes first.

When in Doubt, Get Professional Help

Tree maintenance rights for tenants and landlords are best managed with open communication and professional support. If you're unsure about responsibilities or need urgent work done, GDE Tree Services is ready to help—on time, every time.

📞 Need help with a tree issue at your rental property?
Reach out to our friendly team today for advice, inspections, or fast service:

👉 Contact GDE Tree Services

By understanding your legal responsibilities and partnering with reliable professionals, you can keep rental properties in Western Sydney safe, compliant, and looking great—without the guesswork.

Let’s keep your trees healthy, safe, and well-managed—because good rentals start with good roots.