Tenancy agreement garden maintenance clause
This specifies the responsibilities of both the tenant and landord in ensuring the upkeep and care of the garden throughout the tenancy period
Yes, I am familiar with it
No, I am not familiar with it
If you don’t want to allow certain activities in the garden, or have any other specific expectations, it's important to include a garden maintenance clause in the rental agreement and agree this with the tenant before they sign it.
Tenants are expected to keep to the terms in their tenancy agreement that they agreed before they moved into the property.
The minimum that is generally expected of the tenant throughout the tenancy is that they keep the garden litter-free, reasonably tidy, and not overgrown.
The tenant would generally be expected to mow the lawn regularly (and water it during dry spells) and keep on top of weeding.
This will usually be a standard clause in a tenancy agreement, but it’s a good idea to make sure that the tenancy agreement specifically defines both the landlord’s and the tenant’s’ responsibilities.
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
If the garden is not referred to in the tenancy agreement, it is implied that a tenant is responsible for returning the garden, as well as the rest of the property, in the same condition as it was when they moved in, allowing for some seasonal growth.
Suzy Hershman, Resolution Department Lead at mydeposits, explains that “Putting a crystal-clear garden maintenance clause in the agreement will make it much easier to negotiate with the tenant as the tenant’s responsibilities can be pointed out. Problems can, and do, result from unclear terms in the tenancy agreement on exactly what the tenant is expected to do to maintain the garden.When clauses are unclear, people can have very different perspectives on what they mean. If the clause is clear, any negotiation for costs can be specific on what areas the tenant was responsible for and has not returned in the reasonable condition they should have.”
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.
For more information on tenancy agreements, read mydeposits guide to what to include in your rental agreement.
