Gardening expectations when renting

sham63

may_fair wrote: »

It doesn't have to be mentioned for the tenant to be liable for its maintenance during the tenancy.

Interesting......could you explain a bit more?

If this is the case then there must be some record of the state of the garden at the start of the tenancy (agreed with tenant) otherwise how could it be established that the garden had not been maintained? Should it be in the inventory?

may_fair

sham63 wrote: »

Interesting......could you explain a bit more?

If this is the case then there must be some record of the state of the garden at the start of the tenancy (agreed with tenant) otherwise how could it be established that the garden had not been maintained? Should it be in the inventory?

I mean that if the garden is part of the rental property, e.g. is part of the land which comes with the title for 54 Anywhere Road, the tenant has a duty to return it in a similar condition at the end of the tenancy, the same as he has a duty to return the property itself in a similar condition (i.e. not damaged, clean to the same standard).

The T's duty to behave in a tenant-like manner is not dependent on there being a record of condition at the start of the tenancy, however, if there is a dispute then the LL will need such evidence to prove that he has suffered a loss. So, yes, the garden should be included in the inventory check-in. In OP's case I think the LL is being somewhat unreasonable in expecting to charge for trimming 3 weeks of hedge growth and weeding, but it's not hard to imagine scenarios in which T leaves the garden knee deep in rubbish and dog excrement, or has broken garden furniture, or removed mature shrubs/trees.

Callie22

msgnomey wrote: »

Out of all the 14 or so rented properties I have lived in only one mentioned the garden in the tenancy agreement and all it said was 'to be kept neat and tidy'

In our current property, the garden was an absolute mess. I'm slowly tidying it up but I made sure that our contract was amended to take account of this - I think our contract said that the garden must be kept tidy, but I don't think it's reasonable for the landlord to expect me to landscape the garden for them. I insisted that the state of the garden be recorded so hopefully there won't be any issues.

MFW_10YRS_4

Would it be acceptable to the LL if you simply went back to the property and tidied up the garden? I know its a pain for you, but it would save you money and hassle to just get it done. Surely it wouldn't take more than a good hour of work one weekend?

sham63

Thanks May_Fair,

so the bottom line is that if the garden is not mentioned in the lease or the inventory, then the landlord would have very little recourse if the garden was left in a poor state as the tenant could say 'it was like that when I moved in'?

prudryden

Either go back and do what they think needs to be done or challenge it and go to arbitration. You have about 20 days to contest it after being notified of planned deductions. You'll probably win if all it is as you say.

may_fair

sham63 wrote: »

Thanks May_Fair,

so the bottom line is that if the garden is not mentioned in the lease or the inventory,

As I said, the contract doesn't have to expressly mention the garden for it to be part of the rental property, and for T to be liable for any damage caused to it.

...then the landlord would have very little recourse if the garden was left in a poor state as the tenant could say 'it was like that when I moved in'?

Exactly. Which is why LL should ensure that the garden is included in the inventory/condition report at check-in.

G_M

To those who have commented that there is no liability on the tenant if the contract is silent on the matter of the garden, this is clearly just not true. The garden is part of 'the property' and therefore as I said;

What condition was the garden in when you moved in? That's how you should leave it.

Are there photos of when you moved in, or does the inventory describe the condition of the garden?

If you rent a property that gives you the use/benefit of a garden you are expected to care for it in the same way as the property, unless the tenancy agreement specifically states the LL provides a gardener for instance.

franklee asks about growth of shrubs. Yes, plants grow and this must be allowed for by the LL, just as internally the LL must allow for 'fair wear and tear', but that does not take away the tenant's responsibility to return the garden in the same condition. Neat and tidy at the start? Then neat and tidy at the end.

My questions about photos/inventory were not related to the tenant's liability/duty towards the garden, which is as decribed above, but relate to the question of evidence in the case of a dispute.

As sham63 says, if the tenant claims the garden "'was like that when I moved in" and the LL claims it was imaculate, then a judge/arbitrator needs evidence to decide who is telling the truth. No different to similar disputes about internal cleaning.

So a sensible LL does a detailed check-in inventory, describing the property, its contents, the condition, including the garden, ideally supported by photos. Then at check out there can be no disagreement about how the property, including garden, should be left.