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GardenMaintenancefor LandlordsGarden Maintenance for Landlords,March 2022 TDS01
According to the latest TDS Statistical Briefing, gardens are listed as one of the most commonreasons for tenancy deposit disputes. With warmer weather around the corner and gardens aboutto spring back to life, many questions on the maintenance of gardens in rented properties mayarise. When it comes to mowing the lawn and pruning the perennials, who is responsible, thetenant or the landlord? And who should cover the cost of a professional garden clean up? In thisguide, we take a look at some of the most common issues around garden maintenance, revealthe statistics from our garden maintenance poll, and detail what landlords need to know whenrenting out a property with a garden.Garden poll insightsOur latest TDS garden maintenance poll confirms that theremay be confusion surrounding who is responsible for gardenupkeep, with just 9% believing landlords are accountable and74% claiming it’s down to the tenant. 13% agreed that this isa mutual responsibility.However, whilst 80% of landlords who answered confirmedthat garden maintenance is recorded in the tenancyagreement, 20% do not, which could create confusionbetween the tenant and landlord if responsibilities are notclearly agreed upon in the tenancy agreement.answered other,such as PropertyManagementservicesMuch of the basic upkeep in a rental property garden tendsto belong to the tenant, with most tenancy agreementsusually stating that the tenant is responsible for keeping thegarden clear of rubbish, mow the lawn, and maintain thegarden to a reasonable standard. However, larger tasks suchas cutting back trees or installing new fencing would not beexpected to be performed by the tenant.Ultimately, it’s the law for landlords under section 11 of theLandlord and Tenant Act 1985, to keep the structure andexterior of the property in good repair, therefore any majorworks or improvements required in the garden is likely to fallto the landlord, and day to day maintenance should belong tothe tenant.9%4%Who is responsible for gardenmaintenance?claiming the landlordis responsible forgarden upkeepDoes your tenancy agreement have agarden clause defining your tenantsresponsibilities?“Have you encountered damage to outside areas?”39% of landlords said yes.13%claiming it is amutual responsibilityStandard AST’s may not be comprehensive enough tofulfil a landlord’s requirements when it comes to gardenmaintenance, therefore a tailored garden clause could helpclear up the finer details and provide evidence in writing thatthe tenant is aware of their obligations, so landlords canprotect themselves should a dispute arise. A good gardenclause should:74%1 onfirm that the tenant is responsible for basicCmaintenance as agreed by the landlord, such as cuttingthe grass, trimming the borders, and watering plants.2I nform how the garden can and cannot be used. Can thetenant plant their own flowers or add potted plants?Confirm it all in writing.3Advise that the garden should be left as it was handedover, at the end of a tenancy.4Highlight any garden responsibilities that lie with thelandlord or maintenance company.claiming the tenantis responsible forgarden upkeep02
Common garden disputes Q&A“If you encountered damage to outside areas, did youpropose a deposit deduction?”69% said yes.39% of landlords who responded to our garden maintenancepoll encountered damage to their property’s garden, withweeds and overgrown lawns being the top two causes ofcontention. Additionally, over two-thirds of landlords who hadencountered garden damage decided to request a deductionfrom the deposit. We look at common garden disputes andhow they would be dealt with by an adjudicator.I hired a gardener as the tenant had let the gardenget too overgrown. Can I charge the tenant for this?My tenant has advised of a wasp nest that’semerged in the shed, who is responsible for thecost of removing this?When it comes to essential garden maintenance likemowing the lawn and pruning bushes, it depends onwhat is agreed in the tenancy agreement. However, thetenant will be required to return the garden back to itsoriginal state at the end of tenancy. For the cost of agardener however, since the introduction of the TenantFees Act, Landlords cannot charge for the additionalcosts of a gardener during the tenancy, this falls undera prohibited fee in the legislation.Many tenancy agreements state that the landlord is theone responsible for removing pests from the property,which would include wasps. This means that if a waspnest has developed inside or outside of the house, thelandlord should remove it.Top Tip: Even if the issue is not considered a majorproblem at the time, a neglected wasp colony couldcause structural damage so it’s best to get it removedas soon as possible.Top Tip: The best approach here is to communicatewith your tenant and make sure they’re aware of theirgardening responsibilities and perform mid-tenancyinspections to check they’re managing the gardenupkeep.My tenant has made a lot of major changes to thegarden including painting the decking and plantinga vegetable patch, can I make a deduction from thedeposit?If a tenant would like to make changes to the garden(even making enhancements) they must get thelandlord’s approval beforehand. If they do not do so,the landlord can make a claim for the garden to bereturned to its original state. If, however, the landlordagrees to garden alterations, make sure it is allconfirmed in writing.Top Tip: A clear-cut tenancy agreement and goodcommunication with your tenant confirming what theycan and cannot do with the garden are key.03
Top tips for landlords to avoidgarden disputesFlat with a balcony area?City flats with a balcony can make the most of their outsidespace and help create a pleasant spot for your tenants;here’s our mini guide to upgrading your balcony space withlow-maintenance plants that requires little effort.Maintaining a garden can be a time-consuming task,however, a property with a garden is a desirable feature formany tenants. onsider hanging baskets or vertical wall planters thatCbrighten up the area and don’t intrude on the minimalspace.Here are a few helpful pointers for looking after yourrental garden, whether you are a natural green thumb orhorticulturally hopeless! hink about self-watering pots with adequate drainage, orTintroduce a variety of colourful succulents that don’t requiremuch watering at all. ry to create a low maintenance garden. Keep your gardenTsimple and avoid adding too many elaborate features.Instead, choose simple designs and low maintenanceplants.I f you’d like to cover up balcony railings, try some tallerplants or lattice panelling for added privacy. e smart on who you let to. Long-term renters and familiesBmay be better positioned to look after a garden.I nclude a weather-resistant table and chairs such as a castiron bistro set, being able to sit outside in warmer weatheris an effective draw for tenants. e-weed and tidy up in-between tenancies to keep yourDgarden looking its best. Many councils offer a homecollection service for garden waste, check the website tosee if your address is covered.Top Tips to pass onto tenants oes your garden have a water feature? Make sure it’sDdesigned for easy maintenance, or consider removing it.“Do you offer tenant guidance?”54% of our garden maintenance poll said no. heck the garden for safety. Do you have any loose pavingCstones or unstable fencing? Think about fixing to avoid anygarden falls.Communicating expectations is the best way to ensure thatthe garden is well taken care of and avoid disputes, makingsure your tenant has a clear understanding of the terms ofthe tenancy agreement to help avoid deposit deductions.Here are a few helpful pointers to pass onto tenants: rovide gardening equipment: If you want your tenant toPlook after the garden, it’s worth the investment of supplyingthem with the right tools in order to maintain the garden. Ifnot provided, the tenant will still need to keep the garden toa good standard. heck tenants have read the garden clause in the tenancyCagreement thoroughly, and ask whether they need anyclarifications on garden maintenance. pdate the inventory: Make sure you incorporate theUgarden into the check-in and inventory, not forgetting theshed, side garden, front garden, garage, or summer house. iscuss any garden care they will need to cover, forDexample, regularly mowing the lawn, watering plants wherenecessary and keeping the garden tidy. ake photos: Recording the status of each individualTgarden plant within the check in documents would beincredibly difficult, so ensure photos are taken before,during and at the end of tenancy to help enforce yourdocumentation.I f you have supplied garden tools for your tenants, adviseto leave them locked away in a garden shed or safelyindoors, leaving them in full view can heighten the chanceof a burglary. clear-cut tenancy agreement will help ensure your tenantAis sure of their responsibilities.I f the tenant would like to make any changes to the gardenask for it all to be confirmed in writing, and never proceedwithout asking first. hen undertaking a property inspection don’t forget toWtake a look at all of your outside space and discuss anyissues directly with your tenant. emind them that the garden has to be left at the end ofRthe tenancy in the same state as when the tenancy began. emember to consider reasonable wear and tear for yourRgarden, it would be betterment if the garden is in a greatercondition at the end of tenancy.I f the tenant notices any damage such as broken fencing,advise them to let you know immediately, so it doesn’tbecome a bigger issue later down the line.04
NRLA help landlords understand the legislation that surrounds rented properties, which include commonfactors such as the ones above. They offer some of the most comprehensive learning resources andmarket-leading intelligence available in the sector.If you are not yet a member of the NRLA, click here to join and receive 15 off membership!Have any outstanding deposits to protect?TDS InsuredTDS CustodialNRLA members receive the leading deposit protectionrates with TDS! Protect your tenant’s deposit with TDSInsured, via your NRLA member dashboard.As a NRLA member, you can also protect yourtenant’s deposit today for FREE with TDSCustodial, via your NRLA member dashboard.PROTECT NOWPROTECT NOWNot yet ready to join the NRLA? Protect yourdeposits today with TDS.PROTECT NOW05
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to belong to the tenant, with most tenancy agreements usually stating that the tenant is responsible for keeping the garden clear of rubbish, mow the lawn, and maintain the garden to a reasonable standard. However, larger tasks such as cutting back trees or installing new fencing would not be expected to be performed by the tenant.
