What are the tenant's responsibilities for garden maintenance
The tenant is responsible for the regular maintenance and upkeep of the garden. Read our helpful tips and advice in this section
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.
In a recent mydeposits case study involving a garden outbuilding that was erected without permission, the adjudicator considered the amount of work needed to take the building down and dispose of it, so that the garden would be returned to its original condition. The landlord’s quote for £1,800.00 to carry out the work was found to be reasonable and proportionate so was awarded in full.
1. Make sure that you are present at check in and check out and that you agree with the content of the check-in report relating to the garden at the start of the tenancy and the check-out report at the end of the tenancy before signing them
2. Read the tenancy agreement thoroughly and make sure that you understand any garden maintenance implications before signing it. If in doubt seek clarification from the landlord
3. Check with the landlord (in writing) before carrying out any alterations to the garden – alterations would require the landlord’s consent
4. If you have any concerns about the garden, raise them with the landlord rather than attempting to rectify them yourself
5. Be open to inspections by the landlord, who should provide at least 48 hours’ notice before carrying out an inspection. Inspections are an opportunity for you to raise any concerns about the garden with your landlord before they escalate
6. You will be required to return the garden in the state it was at the beginning of the tenancy, so get into the habit of carrying out regular maintenance on the garden so that problems don’t escalate. Mow the lawn once a fortnight during summer and weed little and often a good landlord-tenant relationship is based on cooperation and communication throughout the tenancy.
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Attract good tenants, get the tenancy agreement right and make sure that you prepare a solid inventory, check-in and check-out report.
But don’t forget to carry out regular inspections during the tenancy, and keep channels of communication between you and your tenants open so that any issues can be addressed before they escalate.
Responsibility for the garden maintenance in a rental property can cause confusion for both landlords and tenants, so it's not surprising that gardens are a common cause of dispute between tenant and landlord, particularly during the spring and summer months.
How you manage your rental property garden is important, not only because it’s a common cause of dispute between tenants and landlords, but also because keeping your property looking good is in your interests.
A neglected garden ruins the kerb appeal of your property and can be expensive and time-consuming to rectify.
Follow the advice in this guide to be sure you’re doing all you can to reduce your risks and make sure your tenants can enjoy their garden this summer.
For an expert insight into how tenancy deposit protection specialists, mydeposits, approach claims involving gardens, check out their article on how to claim for garden maintenance and their case study involving garden maintenance.
