Who is responsible for the garden maintenance of a rented property?

Spring is the season when many tenants will be looking to start making more use of their gardens.

Whether your tenants would like to make the garden more aesthetically pleasing or are planning to host a social event such as a BBQ, it is important that tenants are aware of what they are permitted to do and what restrictions exist in relation to the use and maintenance of the garden in a rented property.

When it comes to defining their specific rights and responsibilities, identifying who is responsible for the garden maintenance of a rented property can cause confusion for both landlords and tenants. Subsequently, garden maintenance is a common cause of dispute between tenant and landlord.

Taking the time to clarify responsibilities for garden maintenance at the outset of a tenancy can save time and reduce the likelihood of a dispute further down the line. For example, what can and can’t be done to the garden by the tenant? What is the minimum (if anything) that the landlord is expected to do? What is the tenant required to do? How can landlords protect themselves against damage/neglect by the tenant?

What are the tenant’s responsibilities when it comes to garden maintenance?

Firstly, a tenant is expected to abide by the terms in the Assured Shorthold Tenancy (AST) agreement that were agreed prior to them moving 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 – for example the tenant would be expected to mow the lawn regularly and keep on top of weeding. This is a standard clause in an AST agreement.

The tenant is generally only responsible for returning the garden in the same state that it was in when they moved into the property. This means that a landlord cannot expect a tenant to carry out improvements to the garden if it was already in a mess.

In addition, tenants cannot be expected to perform tasks that require expertise.

For example, a landlord cannot penalise a tenant for failing to prune a tall tree – it would be the landlord’s responsibility to make the relevant arrangements for this.

Social events in the garden (such as BBQs) are permitted unless otherwise stated in the AST agreement. Therefore, if a landlord wishes to forbid such activities, it is important to include a clause in the AST agreement prior to the tenant signing. It is also worth noting 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 making improvements), they are required by law to gain the landlord’s approval beforehand – this also includes planting their own garden. Failure to do so could allow the landlord to charge the tenant the cost of returning the garden to its original state.

What are the landlord’s responsibilities regarding garden maintenance of a rental property?

The landlord is required to maintain any areas of the garden which it would be unreasonable to expect the tenant to look after – this usually includes the responsibilities for trees. It is also the landlord’s responsibility to ensure that action is taken should the tenant report an issue which is not their fault.

It is not uncommon for portfolio landlords to hire a full-time gardener to maintain all of their properties. This cost can be applied to a tenant’s monthly rent if they have previously agreed to this. If it states in the AST agreement that the landlord will provide a gardener, they are then obliged to do so for the length of the tenancy.