question about garden in rented home

red_devil

The garden needs some attention. A tree needs cutting back as it has grown and blocked the light to the lawn causing the grass to die and go all patchy non existent almost in some places.

I have been asking the landlord/agency if someone can come and cut the tree back and take away the branches etc. They dont seem interested. They have now lost alot of grass. The tree needs cutting back and some new grass seed planted.

Do they have a responsibility. The garden is surely part of the house. Should i ask again. I think i have asked twice now over the last few years.

N79

Firstly, the LL has no statutory responsibility to maintain the garden (it is not covered by the LL's repairing obligations unless there is an impact on the structure of the house eg undermining).

Therefore maintenance of the garden depends on the tenancy agreement. It is fairly common for tenancy agreements to include a clause making the T responsible for garden maintenance - does you tenancy have such a clause (or indeed any clause relating to the garden)?

If the agreement is silent then the basic principle to apply is that you have to hand the garden back in the same condition as when you started the tenancy, less fair wear and tear. You also have to behave in a tenant like manner. Routine work such as weeding, mowing the lawn and pruning plants / trees is part of living in a tenant like manner - an overgrown jungle is not fair wear and tear. More major works are more of a grew area - although if major work is needed because a T failed to maintain the garden (eg if, over many years, a failure to conduct normal annual pruning means that major tree surgery becomes required) then the T would be liable for such work.

red_devil

N79 wrote: »

Firstly, the LL has no statutory responsibility to maintain the garden (it is not covered by the LL's repairing obligations unless there is an impact on the structure of the house eg undermining).

Therefore maintenance of the garden depends on the tenancy agreement. It is fairly common for tenancy agreements to include a clause making the T responsible for garden maintenance - does you tenancy have such a clause (or indeed any clause relating to the garden)?

If the agreement is silent then the basic principle to apply is that you have to hand the garden back in the same condition as when you started the tenancy, less fair wear and tear. You also have to behave in a tenant like manner. Routine work such as weeding, mowing the lawn and pruning plants / trees is part of living in a tenant like manner - an overgrown jungle is not fair wear and tear. More major works are more of a grew area - although if major work is needed because a T failed to maintain the garden (eg if, over many years, a failure to conduct normal annual pruning means that major tree surgery becomes required) then the T would be liable for such work.

nothing in the contract about the garden although they have replaced fence panel before. I do the garden ie mowing and weeding. This is a job that needs someone to come with tools and a van to cut the tree back. I could then lay some new seed no point till the tree is cut though.

N79

red_devil wrote: »

nothing in the contract about the garden although they have replaced fence panel before. I do the garden ie mowing and weeding. This is a job that needs someone to come with tools and a van to cut the tree back. I could then lay some new seed no point till the tree is cut though.

Grey area then I'm afraid (assuming that this is not a result of neglect). Make sure that you have written to your LL, reporting the problem and asking them to fix it to cover yourself in case of a later dispute.

You may need to negotiation a bit (your proposal that the LL fixes the tree and then you seed the lawn would seem more than fair to me - but that's just my personal opinion).

red_devil

thanks i might give it another go?

tbs624

N79 wrote: »

.... maintenance of the garden depends on the tenancy agreement. It is fairly common for tenancy agreements to include a clause making the T responsible for garden maintenance - does you tenancy have such a clause (or indeed any clause relating to the garden)?

Many TAs contain clauses which state that T is reponsible for general garden maintenance, but excluding topping of tall hedges and the management of trees.

OP - I agree with N79 that you should cover yourself by having your comments to the LA in writing - also make reference to any previous phone calls or letters on the topic.

mlz1413

Assuming that job is beyond normal garden maintenance, ie beyond getting out a set of steps and cutting back with pruners the growth that is blocking the light. Then I would ask a local company for a quote to come and prune the tree and then write to the LL asking if they would be prepared to pay this bill or if they have a maintenace person that could come and do the work.

When I lived in rented I just bought a pair of shears and monthly cut back the hedges that surrounded the garden. The grass never did grow but I handed it back in a better condition than I took it over in and I kept it in a good enough condition to use when I lived there.