Tenant Maintaning Garden

calm_down_2

Hi guys,

I have a quick question that I've not found a definite answer to.

I am moving out of a rented property. The landlord did up the garden last summer, and when he came round a couple of weeks ago did make a point that it wasn't in a great state - which was true, as it had been winter and not exactly a suitable time for hardcore gardening.

Does the landlord have to provide suitable tools for gardening if he expects it to be maintained? I was only left a strimmer, which I've done my best with, but it can probably only be maintained properly by mowing it. However, no mower was left at the property. Could he deduct some of my deposit, and if so what would be a reasonable amount? It's only a tiny garden.

If a knowledgeable person could reply ASAP I will be very grateful!

Thanks in advance for any help.

pawpurrs

It is normal to expect the Garden to be maintained, yes.
You could just get somesome to come and do half an hour mowing, it wont cost much, rarther than run the risk of having some of your deposit taken off.

becky2011

A few years ago when we were renting we had a landlady that would insist on the garden being perfect all year round. She got the neighbours to spy on us and they had let her know that there were 2 weeds on the lawn!

In the end we decided to keep her quiet that we would get a gardener in, it wasn't very expensive at all. I think he charged us £8 an hour and to keep her off my back it was well worth the money!

theartfullodger

Does your tenancy agreement state you are responsible for maintaining the garden to some satisfactory standard (most tenancy agreements do, mine always do)??

If it does then you have to, or take the consequences. If it doesn't then the Landlord can go whistle..unless it is really a mess and some breach of some other condition (eg 2 scrap cars in the back garden and 3 skips full of festering food-scraps) (I'm a Landlord).

As far as I am aware there is no general requirement on tenants to maintain gardens, other than that of decency and good-neighbourliness.

Do you want a reference in future from the Landlord??

Cheers & Good luck

Lodger

tbs624

calm_down wrote: »

I am moving out of a rented property. The landlord did up the garden last summer, and when he came round a couple of weeks ago did make a point that it wasn't in a great state - which was true, as it had been winter and not exactly a suitable time for hardcore gardening.

Does the landlord have to provide suitable tools for gardening if he expects it to be maintained? I was only left a strimmer, which I've done my best with, but it can probably only be maintained properly by mowing it. However, no mower was left at the property. Could he deduct some of my deposit, and if so what would be a reasonable amount? It's only a tiny garden..

Overly specific clauses that require tenants to , for example, keep a garden "weed-free" would not be upheld, but you should leave the garden in a similar state to how it was at the start of your tenancy and you state that the LL "did up the garden last summer" You presumably knew that there was no mower at the start of the tenancy so perhaps could have made enquiries of the LL then? Would you also argue that you shouldn't have to mop your floors either if the LL hasn't provided a mop or vacuum clean the carpets if the LL hasn't left you a Dyson/Hoover?

You have presumably enjoyed having a decent garden and the LL has given you time in which to sort it out before you leave. It will be cheaper- and fairer- for you to pay someone for a couple of hours work than wait for the LL to get someone in and then pass you the bill.

Vampgirl

I believe our tenancy agreement does have a clause requiring us to maintain the garden to a reasonable standard - but whether its a reasonable clause or not this is something that we would do anyway for our own benefit - after all we are living here so its in our interest to have a nice garden. Our landlord provides us with a lawnmower (and circuit breaker specifically to use with it), plus some other garden equipment such as rake, yard brush, shears etc to enable us to keep it tidy - actually both houses I've rented that had gardens came with a lawnmower. I think is a nice thing for the landlord to do as lawnmowers are fairly expensive items, but I was prepared to buy my own if necessary - to me its all part of renting a house with a garden.

QTPie

Yes, some do require you to keep the garden... When I was looking at rental properties recently, there was quite a variation: some LLs provided a gardener to do everything (I liked the sound of that!), others expected you to maintain the garden (and didn't even provide a mower). The ones that required you to maintain them were fairly low maintenance: a bit of mowing, keeping a patio clean and trimming a few shrubs (LLs are generally responsible for big hedges/trees).

Gardens SHOULD be very low maintenance over the Winter IF you trim them down in September/October (since nothing grows much over the Winter) - I haven't touched mine since October and it still looks great. If you have more money than time/enthusiam, get someone in to tidy it for you. Get a few people around to quote for a basic tidy/clean up.

QT

Optimist

In Warren v Keen (1953) Lord Denning clarified the common law obligation on a tenant to "use the premises in a tenant-like manner":

"He must clean the chimneys when necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked with his waste. In short he must do the little jobs about the place which a reasonable tenant would do."

My interpretation from that is that the tenants obligations would include keeping the garden clean and tidy.

97trophy

As a LL this my understanding.

Unless otherwise agreed. If a LL leaves a working mower its the tenants job to cut the grass. It is not the tenants jobs to weed or trim hedges, shrubs etc.

Doozergirl

I don't understand why some people think the garden doesn't simply fall under the same remit as the rest of the property? If I own the house, I own the garden. If I rent the house, I rent the garden too.

It would be sensible for a landlord not to present the tenant with a show garden to maintain but it is entirely reasonable for them to expect you to keep it neat and tidy as it is to expect you to clean the rest of the house.

The vast majority don't provide cleaning clothes a toilet brush or hoovers - it doesn't mean you don't need to clean the house.

Zazen999

We were provided a mower at our last rented house, and my OH used it. With a shattered elbow, I'd never have managed it myself.

About a year before we moved out, the agents contacted us saying that the landlord has driven past and the 10 ft tall hedge was looking bedraggled and could we do something about it. I mentioned the Working at Heights regulations, asked if they were providing a BS standard ladder, and could they provide details that we were insured to do so, and asked when we were being booked on a training course to use the ladder.

A week later, a gardener came round and lopped them to, what must have been, a convenient finish for the landlord.

Always check the contract, and see what it says and work from there.