Contractual Garden Work

ComplexP

We are renting a terrace house and the contract states we must maintain the garden, which is fine. However, the back of the garden is a serious mess of brambles and weeds which we have cleared twice in 2 years.

The landlady says she does not want us putting weed killer down but rather that we must do weekly work manually to keep it under control which will be quite time consuming and tiring to keep up, especially in the winter months ahead.

She has basically said that unless we keep the garden maintained to her standards and using the methods she prescribes that she will have no choice but to hire a gardener and pass the cost onto us via the rent.

Can she do this? I dont mind having to keep the garden in order but having her dictate HOW we do it rubs me the wrong way.

Meatballs

Do you have pics and statement of how the garden was when you started the tenancy?

Put weedkiller down if you want. What's she going to do about it?

ComplexP

Hi

Thanks for the response.

Unfortunately I dont think we do have any evidence that 'it was like that when we found it' but I dont think she would try to dispute the fact.

I suppose we could just put down the weed killer, which is kind of the point. There is nothing in our contract that states she can dictate how we maintain the garden.

Where would it end? Could she specify that I have to cut the grass using sizzors because she doesn't like lawnmowers?

Meatballs

Just be sure to leave it mown and take photos at the end of tenancy incase she tries to take money from your deposit.

She can't force you to do weekly work. You can deny her access to inspect for a start. She can't then force you to pay for a gardener either, whom you could refuse access to do the work anyway.

hazyjo

I'd actually ask her if she's disputing that the garden was like that when you moved in. You take things on as you find them - you don't move in because your LL wants a nicer garden than what's already there, and maybe you could decorate while you're at it, or update the kitchen. Where does it end? I'd keep on the right side of friends with her and definitely ask what she agrees it was like when you moved in, and say you're happy to clear the brambles a couple of times a year, but you're not turning it into a nicely lawned garden with well maintained flower beds!

Jx

Brb

Nothing legal to add but can recommend the grandpa weeder for brambles (hate the blooming things). Trim to say a foot off ground and then use the weeder and it pulls out the roots too

tyllwyd

Why is it a mess of brambles and weeds? Would it be possible to clear it, then put down a weed suppressing membrane and bark to keep it tidy, or something similar? Or come to an agreement with her to put down turf? Having said that, it shouldn't be so bad keeping it tidy in the winter because the weeds will stop growing so fast!

poppysarah

ComplexP wrote: »

The landlady says she does not want us putting weed killer down but rather that we must do weekly work manually to keep it under control which will be quite time consuming and tiring to keep up, especially in the winter months ahead..

What a load of tosh.

Use weedkiller or a flame thrower or pay the local scouts to clear it.

You've just for to put it back as it was...

You could get some old carpet and cover it all up. Looks horrid but does the trick!

tbs624

ComplexP wrote: »

The landlady says she does not want us putting weed killer down but rather that we must do weekly work manually to keep it under control which will be quite time consuming and tiring to keep up, especially in the winter months ahead.

She has basically said that unless we keep the garden maintained to her standards and using the methods she prescribes that she will have no choice but to hire a gardener and pass the cost onto us via the rent.

Tough - if she wanted a gardener with you footing the bill she should have made it part of the contract from the start. She really cannot be that prescriptive on how you deal with weeds etc.

Inventory done, and signed by both parties? Anything on there about the garden's state at the start? Deposit scheme registered? (Eng/Wales, AST post 6/4/07)

Can you post up any tenancy clause regarding the garden? It should say something like "To keep the garden in the same condition and state of cultivation as it was in at the commencement of the tenancy'"

Does she also try to tell you what type of lav cleaner you may use?

G_M

There is the legal answer and the practical answer.

Legally it is none of her business how you live during the tenancy. How often you hoover the carpet, clean the loo or mow the lawn is your business (the only proviso being you cannot cause a health hazzard ie so dirty you encourage rats!). You want to live in a messy house? Or with a messy garden? Your choice!

But you must return the property (including garden) to her at the end of the tenancy in the same state as it was at the start (less wear and tear).

Having said that it makes sense to try to compromise and maintain a friendly relationship. Even if only because she might decide not to renew your tenancy when the fixed term expires, or if it has already expired she might give you notice.

So explain you do not have the time to do weekly work, nor do you have the money to pay a gardener. Offer to 'do your best', and of course to fix it up when you leave as it was when you arrived, and say that you'd have no objection to granting access to a gardener if she'd like to employ one.

Hintza

tbs624 wrote: »

Tough - if she wanted a gardener with you footing the bill she should have made it part of the contract from the start.

According to the first post it is part of the contract. If you don't want to do the garden then rent a flat without one.