Who Holds the Responsibility for Garden Maintenance in a Rented Property

As the first signs of spring emerge, our spirits are lifted, and we eagerly anticipate the arrival of milder weather in the summer months. However, this season also brings rapid weed growth, the need for regular grass mowing, and the potential for neglected gardens to suffer.

 

For many tenants, spring and summer are prime times to enjoy their gardens. Whether they seek to enhance the aesthetic appeal or plan to host social gatherings like barbecues, it's crucial that tenants are aware of their responsibilities and any limitations concerning garden maintenance.

 

Within this comprehensive guide, we will address all aspects of garden upkeep in rental properties. From laying a solid foundation prior to tenancy commencement, to ongoing maintenance during the lease term, we will explore the roles and obligations of both landlords and tenants. Additionally, we will provide insights on avoiding conflicts and resolving disputes that may arise in relation to garden care.

 

Before your tenants move in there are a few garden basics to bear in mind, which could reduce the risks of disputes involving garden maintenance during or at the end of the tenancy.

 

Pick your tenants carefully: If your property has a garden, you might be better focusing on long term tenants, who are more likely to take care of the garden, than short term ones who aren’t going to stay long enough to justify maintaining the garden.

 

Design a low maintenance garden: Go for slow growing, drought tolerant flowering shrubs and perennials combined with hard landscaping. Aim for a garden that will attract tenants without breaking the bank or needing too much effort to maintain. Consider outsourcing the garden maintenance: If you have several properties with gardens, it may be cost effective to take on responsibility for the gardening yourself by employing a specialist gardener to take care of the upkeep and including a gardening charge in the rent. Make sure that any gardening equipment you supply is in a good state of repair and stored in a locked outbuilding or shed: If you decide to provide your tenant with gardening equipment, particularly power tools, make sure it’s in good condition and compliant with current health and safety standards. If you don’t have a Residual Current Device (RCD) built into your fuse box, you should use a plug-in RCD – any socket that may be used to plug in a lawnmower, hedge trimmer or other power tool should have RCD protection.

 

Prudent Preparations: Garden Basics for a Smooth Tenancy Experience

To minimise the likelihood of garden maintenance disputes throughout or at the end of a tenancy, it's essential to consider a few fundamental aspects before your tenants move in.

 

Thoughtful Tenant Selection: When your property boasts a garden, it's wise to prioritise long-term tenants who are inclined to care for the outdoor space, rather than short-term occupants who may not stay long enough to warrant its upkeep.

 

Craft a Low-Maintenance Oasis: Opt for a garden design featuring slow-growing, drought-resistant flowering shrubs and perennials, complemented by resilient hardscaping. Striving for an attractive garden that appeals to tenants without incurring excessive costs or demanding extensive effort is key.

 

Outsource Garden Maintenance: If you possess multiple properties with gardens, it may prove cost-effective to assume responsibility for gardening by enlisting the services of a professional gardener. This arrangement allows for proper upkeep while incorporating a gardening charge within the rent.

 

Ensure Well-Maintained Equipment: If you choose to provide gardening equipment to your tenants, especially power tools, it is crucial to ensure their good condition and compliance with current health and safety standards. If your fuse box lacks a Residual Current Device (RCD), employing a plug-in RCD becomes necessary. Any socket used for connecting lawnmowers, hedge trimmers, or other power tools should have RCD protection. Furthermore, store the equipment securely in a locked outbuilding or shed.

 

Incorporating a Garden Maintenance Clause in the Tenancy Agreement

To establish clear expectations and avoid any potential misunderstandings, it is crucial to include a garden maintenance clause in the rental agreement and mutually agree upon it with the tenant prior to their signature.

 

The tenancy agreement should outline specific activities or restrictions concerning the garden that you do not wish to permit. By doing so, both parties can have a shared understanding of their respective responsibilities.

 

Throughout the tenancy, tenants are expected to adhere to the terms outlined in the agreement they consented to before occupying the property. At a minimum, tenants are generally expected to maintain a litter-free and reasonably tidy garden, preventing overgrowth. Regular lawn mowing, including watering during dry spells, and diligent weed control are typically considered the tenant's responsibilities. While this is commonly addressed in standard tenancy agreements, it is advisable to ensure that the document explicitly defines the responsibilities of both the landlord and the tenant concerning garden maintenance.

 

A good tenancy agreement garden maintenance clause will: clearly lay out how any borders, lawn or paved areas should be looked after during the tenancy define that the garden should be in the same condition at the end of the tenancy as it was at the start, allowing for seasonal changes make it clear that the tenant can’t alter the garden in any way without the landlord’s consent Taking the time to make sure responsibilities for garden maintenance are clear at the outset of a tenancy can save time and reduce the chances of a dispute in the future.

 

Crafting an Effective Garden Maintenance Clause in the Tenancy Agreement

A well-structured garden maintenance clause within the tenancy agreement should encompass the following key elements:

1. Detailed Guidelines: The clause should explicitly outline the maintenance expectations for various garden components, such as borders, lawns, or paved areas. It should provide clear instructions on how these areas should be cared for during the tenancy period. This clarity ensures that the tenant understands their obligations.

2. Condition Consistency: The clause should establish the requirement that the garden be maintained in the same condition throughout the tenancy, considering reasonable allowances for seasonal changes. This provision ensures that the tenant maintains the garden's overall state, taking into account natural variations over time.

3. Landlord Consent: It should be explicitly stated that any alterations or modifications to the garden, including structural changes or installations, must receive prior consent from the landlord. This clause preserves the landlord's authority over the garden's design and prevents unauthorised alterations.

By proactively establishing clear responsibilities for garden maintenance at the beginning of the tenancy, both parties can save time and minimise the likelihood of future disputes. Clarity in the agreement sets the foundation for a harmonious garden maintenance arrangement throughout the tenancy.

 

Include the garden in the inventory, check-in and check-out reports If there’s a dispute over garden maintenance, an adjudicator will review the evidence, in particular the inventory, check-in and check-out reports, to compare the condition of the garden at the end of the tenancy to how it was at the beginning. It’s important to make sure you prepare a solid inventory and check-in report at the beginning of the tenancy in case it’s needed later.

 

Five Essential Check-In and Check-Out Tips for Rental Property Gardens:

1. Comprehensive Inventory: Conduct a thorough inventory at the beginning of the tenancy, meticulously documenting the condition of each garden area. Ensure that the check-in report provides detailed descriptions supported by high-quality photographs. These records will serve as the foundation for future discussions or disputes.

2. Consistent Comparison: When preparing the check-out report, provide detailed descriptions of any changes or damages observed in the garden. Capture photographs from the same angles as those taken during the check-in inspection to facilitate a clear and accurate comparison. This approach allows for a fair assessment of any alterations or deterioration that may have occurred.

3. Tenant Presence or Documentation: Whenever possible, have the tenant present during both the check-in and check-out inspections. If their physical presence is not feasible, make sure you can demonstrate that they received the reports promptly and were given the opportunity to provide their comments. It is crucial to obtain the tenant's signature on both reports, serving as evidence of their consent and acknowledgment.

4. Consider Seasonal Factors: Take into account the seasonal time of year when the tenant moved in, as well as the concept of "seasonal growth." Recognize that garden conditions can vary depending on the time of year, and any changes between the check-in and check-out reports may be attributed to natural seasonal fluctuations rather than neglect by the tenant.

5. Account for Reasonable Wear and Tear: Keep in mind that reasonable wear and tear is applicable to fixtures and features within the garden, such as fencing, sheds, paving, and gates. Assess any deterioration or damages in the context of normal usage over the tenancy period, understanding that minor wear and tear is to be expected.

By following these five tips, you can ensure a thorough and fair assessment of the garden's condition during the check-in and check-out processes, minimising disputes and maintaining transparency between landlord and tenant.

 

What are the tenant’s responsibilities for garden maintenance?

 

Because the tenant is generally only responsible for returning the garden in the same state that it was in when they moved into the property, a landlord can’t expect a tenant to carry out improvements to the garden if it was already in a mess. In addition, tenants can’t be expected to perform tasks that require expertise. For example, a landlord can’t penalise a tenant for failing to prune a tall tree – it would be the landlord’s responsibility to make the relevant arrangements for this. Basic upkeep of the garden is usually a tenant’s responsibility, but as mentioned, it’s a good idea to list out specifically which parts of the garden the tenant is responsible for in a garden maintenance clause of the tenancy agreement. These will generally include mowing the lawn, keeping flower beds and paths weed-free, maintaining any low growing shrubs and disposing of any rubbish. Social events in the garden (such as barbecues) are permitted unless otherwise stated in the tenancy agreement. If, as the landlord, you don’t want to allow these activities, it's important to include a clause in the rental agreement before the tenant signs it. It's also worth mentioning here that tenants are responsible for any noise and nuisance or damage to the property caused by themselves or their guests. If the tenant wishes to change the garden in any way (even if this means making improvements), they are required by law to get the landlord’s approval beforehand – this also includes planting their own garden. If they don’t do this, the landlord can charge the tenant the cost of returning the garden to its original state.

The tenant's responsibilities for garden maintenance typically revolve around basic upkeep and ensuring the garden remains in the same condition as when they moved into the property. It's important to note that tenants cannot be expected to perform tasks that require specialized expertise or carry out improvements to a garden that was already in poor condition upon their arrival.

 

While the specific responsibilities can be outlined in the garden maintenance clause of the tenancy agreement, common tenant obligations may include:

1. Lawn Maintenance: Regularly mowing the lawn and watering it during dry spells.
2. Weed Control: Keeping flower beds, paths, and other garden areas free from weeds.
3. Shrub Care: Maintaining low-growing shrubs and plants.
4. Waste Disposal: Properly disposing of any rubbish or garden waste.

Unless stated otherwise in the tenancy agreement, tenants are generally allowed to host social events in the garden, such as barbecues. However, it's important to address any restrictions or guidelines regarding such activities in the rental agreement. Tenants are also responsible for managing noise levels, preventing nuisance, and ensuring their guests do not cause damage to the property.

 

If tenants wish to make any changes or improvements to the garden, they are legally required to obtain the landlord's approval beforehand. This includes planting their own garden. Failure to seek permission may result in the tenant being charged for the cost of returning the garden to its original state.

 

In the event of unauthorised alterations, such as the construction of an outbuilding, the landlord may be entitled to charge the tenant for the removal and restoration of the garden. Adjudicators may consider the reasonable and proportionate costs associated with rectifying such changes.

 

What are the landlord’s responsibilities for maintaining the garden?

Landlords are responsible for maintaining any areas of the garden which it would be unreasonable to expect the tenant to look after – this usually includes maintaining trees, large shrubs and climbing plants - to make sure that they’re safe. Reasonableness must be applied when it comes to larger maintenance jobs that may require a professional and would fall under the landlord’s responsibility. It’s a good idea for landlords to carry out these tasks annually, before winter, to make sure the garden doesn’t get out of hand. Some climbers, such as wisteria and ivy, grow very quickly from springtime onwards so need to be kept under control.

 

Landlords have specific responsibilities for maintaining certain aspects of the garden, particularly those that would be impractical or unreasonable to expect tenants to handle. These responsibilities typically include:

1. Tree Maintenance: Landlords are responsible for the maintenance and safety of trees within the garden. This includes pruning, trimming, and ensuring the trees are in a safe condition. Larger trees that require professional expertise should be regularly assessed and managed by the landlord.

2. Large Shrubs and Climbing Plants: The upkeep of larger shrubs and climbing plants, such as pruning and controlling their growth, is generally the landlord's responsibility. These plants can grow rapidly, especially during the spring, and it is essential to keep them under control to prevent them from becoming unruly.

3. Professional Maintenance: Landlords are expected to handle larger maintenance tasks that may necessitate professional assistance. This can include hiring qualified individuals or companies to address complex garden maintenance jobs, such as major landscaping, extensive tree work, or specialized care for certain plant species.

To ensure the garden remains well-maintained and prevent issues from escalating, it is advisable for landlords to proactively carry out these tasks on an annual basis, preferably before winter sets in. By addressing maintenance needs in a timely manner, landlords can prevent the garden from becoming unmanageable and ensure the overall safety and aesthetics of the property.

 

How to prevent garden disputes with tenants

 

Although garden disputes with tenants increase slightly during the summer months, often any issues can be dealt with through good communication between landlord and tenant and taking the following steps during the tenancy:

 

Carry out regular periodic property inspections: This will enable you to assess the condition of the garden and spot any issues early, reducing the extent and cost of any damage. Even if you have a great tenant, routine inspections can help prevent problems from escalating at a later stage. Inspections also indicate to your tenant that you care about the property and expect it to be returned in good condition. Ideally, your tenant should be present during inspections so that they are made aware of any issues as they crop up, and they have the opportunity to raise any concerns with you. You must provide at least 48 hours’ notice before carrying out an inspection.

 

Make sure all quotes and invoices detail the exact work carried out: If any work needs to be done keeping the evidence will help with negotiating costs at the end of the tenancy if needed, and if necessary, help an adjudicator make a fair decision on what is reasonable.

 

Take a deposit from the tenant before the tenancy begins: This can be used to recover some of the costs if needed, due to damage or neglect of the garden by the tenant.

 

Take out landlord insurance: Landlords should also have an adequate buildings insurance policy in place that covers malicious and accidental damage by tenants and their guests.

 

By implementing these preventative measures, you can promote a positive landlord-tenant relationship, ensure proper garden maintenance, and mitigate the likelihood of garden disputes arising during the tenancy.