LA tells me this is a grey area...any advice

tunnel

Basically Me and the Missus let out a house. The tenants have put their notice in to leave the house,all well and good so far,but we noticed that the lawns have not been mowed and garden has become very overgrown.We've spoke to the LA about this and they've said "IT'S A GREY AREA" what we don't understand is why this is classed as a grey area,it's in black and white in the contract,maintenance and upkeep of the property.Is this normal? Iv'e asked about their deposit which is held in a scheme to see if we can hold some back.We don't really want to go down this road we just want the tenants to keep to their side of the contract and maintain the garden....Any ideas where we stand?

paintpot

I think the agent are skirting around the issue somewhat.

Yes, gardens can be a bone of contention between landlord and tenant.

Do you have an inventory? Is the garden and its condition detailed in the inventory in detail in order to be able comprehend clearly the condition of the garden when the tenants moved in and then when they move out?

If the answer to the above questions are "no" then it will be an uphill struggle or nigh on impossible to make a deduction from the deposit.

It does become a little more complex if the garden is like something Alan Titchmarsh would be proud of. Tenants can't be expected to know all about gardening and what to prune when etc and anyone with prized plants are well advised to employ a gardener and build that into the rent.

However, if this is a general case of not weeding, mowing lawns and very basic cutting of shrubs and it's well described on an inventory (ideally with before and after pictures) then a deposit deduction is feasible.

However, what concerns me is that, as the tenants are still in their notice period, no-one thought i.e the agent if they manage the property, to discuss this with the tenant either during the tenancy if it such an issue or in view of the fact they are moving out, to point out what needs to be done to the garden to bring it up to the correct standard.

It may well be that the tenants have every intention of addressing the garden before they leave so to a certain extent how it is now is irrelevant.

I would be sending a letter to the tenant, as I always do as a matter of course when a tenant serves notice, specifying what needs to be done to bring the property up to standard in order to allow for a speedy and full return of the deposit. I mention cleaning, cookers, fridges etc, garden where applicable etc. So, you have your opportunity to avoid a potential dispute by bringing it to their attention now.

However, the inventory and its details is going to be critical if they fail to do.

clutton_2

did you provide any gardening equipment for them to use to maintain the garden ?

tenants rarely own such equipment.

unless it says in your tenancy agreement specifically that the tenants must maintain the garden, i think you will be on a very sticky wicket if you challenge their deposit

paintpot

I agree with clutton that it should be mentioned in the AST that the tenant is responsible. My AST does deal with this but I never supply equipment. As far as I am concerned, if the tenant rents the property with a garden then they have to maintain it with the exception of HMOs where I employ a gardener.

clutton wrote: »

did you provide any gardening equipment for them to use to maintain the garden ?

tenants rarely own such equipment.

unless it says in your tenancy agreement specifically that the tenants must maintain the garden, i think you will be on a very sticky wicket if you challenge their deposit

KellyWelly

When I rented, about ten years ago, there was a specific clause about keeping the garden maintained - they didn't provide any equipment and there was nowhere to store any anyway. We used to pay a gardner to mow the lawn and pull the weeds but the landlord used to write to us at least once every six weeks to complain it wasn't exactly right, she once got her knickers in a twist because I hadn't tied the stems from the tulips down once they'd died - which I hadn't done because she had a specific clause in the tenancy that I was not to touch the tulips.

I would have thought unless you have a specific clause you can't insist on the tenants 'gardening' as such but I would have thought it reasonable to request the property (and garden) is returned in a neat, tidy and clean state. The least they ought to do is mow the lawn?

paintpot

This is exactly the point I was trying to make. A keen gardening landlord cannot and should not expect their tenants to keep the garden and attend to the plants in quite the same way as they would. If their garden is precious to them and the plants within then they really should employ a gardener and build that into the tenancy and the rent.

The gardens I have, (one exception where I have a gardener) are basic and very easy to maintain. I did have words with one tenant when the front garden resembled the day of the triffids. I actually went and dealt with it for them on the strict condition that this was a "one time offer, never to be repeated again" and got it back to a manageable state which they then maintained to an "acceptable level" as per their tenancy.

I see gardens as a landlord no differently to the internals. If the tenant wants to be messy inside with clothes everywhere, unwashed pots etc, then that is fine with me providing they are not causing any damage and the property is returned to the condition it was in when they leave (fw&te). Gardens are the same, if no damage is caused, it isn't causing a nuisance to others with rubbish/vermin etc etc. I just expect it to be kept to acceptable levels.

KellyWelly wrote: »

When I rented, about ten years ago, there was a specific clause about keeping the garden maintained - they didn't provide any equipment and there was nowhere to store any anyway. We used to pay a gardner to mow the lawn and pull the weeds but the landlord used to write to us at least once every six weeks to complain it wasn't exactly right, she once got her knickers in a twist because I hadn't tied the stems from the tulips down once they'd died - which I hadn't done because she had a specific clause in the tenancy that I was not to touch the tulips.

I would have thought unless you have a specific clause you can't insist on the tenants 'gardening' as such but I would have thought it reasonable to request the property (and garden) is returned in a neat, tidy and clean state. The least they ought to do is mow the lawn?

tunnel

thanks for the replies,interesting reading,iv'e checked the contract and its just general maintenance..ie mow the lawn,bit of weeding etc etc,unfortunately the LA was left to do an inventory at which now i realise this could have been a mistake on our behalf as we never checked it,we didn't supply any gardening equipment neither but as the tenants have purchased a home with large gardens locally you'd think they'd be lookin to purchase some anyhow,still there is over 6 weeks left before their contract finishes so we can live in hope.....the real goading point is that the LA tells us the house is in pristine condition inside but outside looks like a jungle,just can't work some folk out,looks like we may have to put this one down to experience....thanks again

Geenie

Gardens are a minefield. We have had previous tenants who have loved the large garden on viewing and regaled us with all the things they would do in it, but then left some years later leaving an over grown wilderness.

I am of the opinion that if it is a shortish let, then either factor in paying someone to do it, or leave the equipment on site for the tenants to do so. Either way, state clearly in the AST who has the responsibility and make it clear before letting.

Either way, don't be precious about gardens if letting. The first house I let was our much loved home of 20 years. I had walks of lavender, herb garden, old scented roses and beds of beautiful flowers. After a couple of years, the tenants had left it completely over grown and full of brambles and nettles.

I grassed the whole lot over and then had a gardner in to cut for future tenants. It has been worthwhile. The place looks great and he keeps an eye out for me in a very subtle way!

From the sounds of the OP, their LA's were carp and should have been keeping an eye on this.