Rural Law Online A guide to the law for Victorian Primary Producers

Fencing costs: Landowner's or tenant's?

If you are a tenant of a property and your lease is for less than three years, you do not have to contribute to the cost of repair or construction of a fence. However, if your lease is for more than three years you will have to pay a proportion of your landlord's share of the cost. This ranges from:

  • a quarter of the landlord's share if your lease is less than six years;
  • half the landlord's share if your lease is between six and 12 years; and
  • the whole of the landlord's share if your lease is more than 12 years.

If you receive a notice to fence you should immediately send copies of the notice to your landlord and estate agent. If you don't do this within 14 days, you may have to pay the whole of the landlord's share of the cost of the fence.

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