Spring & Gardens

We appreciate that not every rental property has a garden or outside space, however, landlords believe that outside space and gardens, in particular, are an extension of the internal part of the property.In rental properties, the upkeep of the garden is typically the tenant’s responsibility unless a gardener is included as part of the tenancy.

1. Condition at the Start of the Tenancy

The condition of the garden should be documented at the beginning of the tenancy. This process is usually conducted by the Landlord or letting agent, with agreement required from both parties. Disputes frequently arise due to differing recollections of the original state of the garden. At the end of the tenancy, the outdoor space should be returned in the same condition, allowing for reasonable wear and tear.

2. Responsibilities During the Tenancy

A standard tenancy agreement typically requires the tenant to mow the lawn, trim hedges, remove weeds, and dispose of garden waste. Bins should also be emptied regularly, and general tidiness must be maintained. Structural repairs, such as those to fencing, walls, and paths, remain the responsibility of the Landlord unless damage has been caused by the tenant. In such cases, deductions from the deposit may be made to cover the cost of repairs, provided this is permitted within the tenancy agreement.

More complex tasks, such as tree pruning, are generally undertaken by the Landlord unless otherwise specified in the agreement and the necessary equipment has been provided. Where lawn mowing and weed control are required, the appropriate tools should be supplied by the Landlord.

3. Changes to the Garden

Where modifications to the garden are being considered, permission should always be sought from the Landlord or letting agent. Temporary additions, such as potted plants and outdoor furniture, are generally acceptable. However, permanent changes—including the addition of flower beds, vegetable patches, or pathways—must be agreed upon in writing before any work is carried out. Even where enhancements are intended, prior approval is essential to avoid complications at the end of the tenancy.

4. Returning the Garden to Its Original State

To ensure a smooth handover at the end of the tenancy, the garden should be returned to its original condition as closely as possible. While seasonal changes and reasonable wear are expected, excessive overgrowth, neglect, or the accumulation of waste may result in deductions from the deposit.

Garden maintenance obligations are sometimes unclear, so careful attention should be paid to the tenancy agreement before signing. A clear understanding from the outset will help to avoid disputes later.

Relevant Legislation

The following legislation applies to property condition:-

• Landlord and Tenant Act 1985 – This Act sets out the Landlord’s obligations to maintain the structure and exterior of the property, which may include elements of the garden such as fences, walls, and paths.

• Defective Premises Act 1972 – Requires the Landlord to take reasonable care to ensure that tenants and visitors are safe from injury caused by defects in the property, which may include hazardous trees or poorly maintained outdoor areas.

• Housing Act 2004 – Introduced the Housing Health and Safety Rating System (HHSRS), which assesses risks in rental properties, including external hazards

• Consumer Rights Act 2015 – Requires that tenancy agreements be fair and clear, ensuring that tenants are aware of any maintenance obligations before signing.

• Environmental Protection Act 1990 – Addresses issues such as waste disposal and nuisance, which may be relevant if garden neglect leads to the accumulation of rubbish or pest infestations..