Hello and thank you for your question.

Where subjective terms are used, like clean and tidy the law interprets them to be what a 'reasonable' person thinks them to mean.

In practice this sometimes leads to disputes as to what the parties to a contract actually mean, and if litigation ensues the parties cannot always be sure whether the will decide in their favour.

For this reason, rather than simply saying the caretaker will maintain the property and keep it clean and tidy, a contract should specify how often the property will be swept, mowed, hosed, etc and whether the caretaker will charge extra for particular irregular items such as replacing light bulbs, removing fallen branches, etc. This way the contract has a solid basis in defined tasks and provided the tasks are done there is less room for dispute.

If your question relates to the drafting of a contract, then you should define the proposed tasks as described above.

If there is a current dispute, or you are the caretaker hoping to claim for specific services, please elaborate on exactly what is in issue?

I trust the above assists your understanding.

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Thank you.

If your contract simply says "maintain the contract in good order and condition" then I would not normally have thought this would include an obligation to repair the property.

However, if the contract does specify that this includes "repairs and maintenance except those requiring the services of a skilled tradesman" as you suggest, then arguably it does include the cost of such repairs as replacing torn fly screens and light bulbs. This would mean that unless the contract made some provision for payment to cover extra labour costs for repair and maintenance tasks, then you would be obliged to do such work without further payment.

If you are bound to the contract for some extended period, then you are likely stuck with these terms, otherwise (and certainly at the end of your contract) you should certainly renegotiate by setting out a schedule of what you agree is and is not included in your duties as a caretaker.

If you renegotiate then I suggest you identify the repair and building maintenance tasks you are prepared to do, and perhaps include a clause which states that additional labour charges at $X rate will apply to repair work which takes longer than Y time. You should include a clause which entitles you to reimbursement for the cost of replacement parts, equipment or fittings required to conduct such repairs.

As to your specific question regarding the broken plant, strictly speaking, it should not be necessary to replace the plant except to the extent required to to keep the premises "maintained in good order and condition."

I trust the above assists your understanding.

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

Thank you.