Avoiding garden maintenance disputes in rental properties
Gardening is one of the top 5 reasons for deposit deductions claimed by landlords using the Tenancy Deposit Scheme for their deposit protection. Therefore, landlords need to take steps to avoid disputes at the end of the tenancy. Here, The Tenancy Deposit Scheme examines the responsibility for maintaining the outside space, what falls on the tenants or the landlords, and tips to help avoid deposit disputes.
Owning a property with a garden can be very appealing to potential tenants. Gardens add to the property's attractiveness, and tenants value having an outdoor space for entertaining guests, letting children or pets play, or just enjoying the sunshine. Many renters specifically look for properties with a garden, making it an important factor in their decision-making process. However, with gardens comes extra responsibilities for maintenance, so it's important to have a clear understanding of the responsibilities that come with it, or landlords may find themselves with a hefty workload at the end of tenancy.
What are the tenant's responsibilities for garden maintenance?
In general, these tasks are typically expected to be handled by the tenant as part of regular garden upkeep, and not something a professional would need to be called in for:
- Regular moving of the lawn
- Keeping flower beds and paths weed-free
- Pruning low-growing shrubs
- Disposing of garden waste
- Alerting the landlord or letting agency of any maintenance problems, such as a broken fence
It is not the tenant's responsibility to upgrade a garden, but simply to keep the garden litter-free, reasonably clean and stay on top of de-weeding. For example, if the garden was not well-maintained when the tenants moved in, landlords should not expect the tenants to improve it.
What falls under the landlord's responsibilities for garden maintenance?
Landlords are responsible for maintaining areas of the garden that require professional expertise or pose safety risks, which tenants cannot reasonably be expected to handle. This includes:
- Trimming trees, taller hedges or climbing plants
- Fixing or replacing fences or walls that mark the property's boundaries
- Repairing or replacing decks or patios
- Take action if the tenant reports an issue not caused by them or if the issue requires a professional's expertise
- Any work that goes above and beyond general maintenance, such as pond cleaning
It's advisable to schedule these maintenance tasks annually, ideally before winter, to prevent the garden from becoming unmanageable. Additionally, if tenants report issues that are not due to their negligence, it is a landlord’s duty to address these promptly to maintain the property’s condition and safety.
Should the landlord supply gardening equipment?
Deciding whether to provide gardening equipment falls under the discretion of the landlord. Supplying tools, especially for properties with large gardens, can encourage tenants to maintain the garden regularly and help avoid potential garden maintenance disputes. Landlords should ensure that any supplied electrical equipment is in good working condition and meets current health and safety standards. Providing secure storage for these tools, such as a locked shed to protect them from theft is also a good idea.
Can tenants make changes to the garden?
Tenants should seek written consent from their landlord before making any alterations to the garden, such as planting new flowers or installing garden features. This written approval is essential as it serves as a mutual agreement between the tenant and the landlord, ensuring that both parties are in accordance with the proposed changes. Additionally, obtaining written consent protects both parties from incurring any costs associated with restoring the garden to its original state in the future.
TDS tips to prevent garden maintenance disputes
Set Clear Expectations: Before the tenancy begins, ensure that both you and your tenant understand each other's expectations regarding the garden's upkeep. This understanding starts with a well-documented inventory and clear communication about the responsibilities each party holds. The garden can often be overlooked within the inventory and check in, so don’t forget to include it.
Document Condition: At the start of the tenancy, document the garden's condition with high-quality, time-stamped photographs. This will serve as a benchmark for the garden's required state throughout the tenancy and at its conclusion.
Routine Inspections: Conduct regular inspections to monitor the garden's condition. These not only show that you care about the property but also prevent minor issues from escalating. Ensure that inspections are scheduled at intervals agreed upon in the tenancy agreement, and always provide at least 48 hours' notice.
Open Dialogue: Maintain an open line of communication with your tenant and encourage them to report any garden-related issues as soon as they arise. This proactive communication can often prevent disputes before they start, and helps in maintaining a positive relationship.
Provisions for Alterations: Clearly state that no alterations to the garden are allowed without prior written consent. This includes planting new items or making changes to the landscape, ensuring that the garden remains in the condition it was initially let out.
Garden Clause Within the Tenancy Agreement: It is the responsibility of tenants to adhere to the terms and conditions specified in their tenancy agreement, so make sure to include a clause for the maintenance of the garden in the tenancy agreement provided to tenants. This will protect you in case the tenant fails to uphold their obligations upon vacating the property. It’s important to clearly outline the tenant's duties, vague statements such as "the garden must be well maintained" are not sufficient. To ensure that a garden clause can be enforced in case of a disagreement with the tenant, their obligations must be explicitly stated.
For more advice on garden maintenances in rented properties, The Tenancy Deposit Scheme, in partnership with NRLA, created a Garden Maintenance Guide for Landlords, where we look at who responsible for garden maintenance, how to deal with common garden complaints and how to avoid a deposit dispute. You can download the guide here.
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