Estate agent moaning about garden

fmlyhm1148

First of all, I understand that the general maintenance of the outside spaces is my responsibility whilst I'm renting the property.

HOWEVER, when I moved in, there was gravel down over most of the grassed areas, which is a large area, and the membrane has obviously deteriorated over the years, as weeds and grass have started to grow through it. I will weedkill it etc, but they are expecting me to shell out however much to get all the gravel removed and a lawn put down, which will cost a hell of a lot of money, that I am not prepared to spend on someone else's garden. I feel this is only right. If it was maybe 100 I'd probably pay it, but after getting quotes of 400+ there's no chance I'm paying it. I do keep the garden tidy etc, and the small area of grass cut.

I'm only posting as they have threatened eviction due to this. Now, I'm not been funny, but why is this my responsibility? Do they have any legal right to throw such threats around? And if something happens when they do their next inspection tomorrow, where do I stand? The garden is no worse than it was when I moved in.

Thanks for all your help!

Bossypants

What's their explanation for expecting you to significantly change the garden from how it was when you moved in?

pinkshoes

It is non of their business what the garden is like.

It just needs to look like it did originally once you move out.

They cannot make you pay to put grass down.

diggingdude

I assume they are asking you to do this and letting you off an appropriate level of rent to compensate? If not tell them to jog on

theartfullodger

Ask them for copy of move-in inventory photos of that part of the garden.


Issue is, landlord (ie agent effectively) can evict you for no reason at all. Perhaps worthwhile trying to keep relationships civil: Even with *rs*h*l*s.

Slithery

Your only responsibility is to leave the property in the same condition that it was in when you started renting when the tenancy ends.

However, if you aren't still in a fixed term then you can be given notice without any reason needed.

D_M_E

Gravel already there and the agents want you to shift it?

What does the landlord have to say about it?

How often does the agent do inspections?

What does your tenancy contract have to say about it?

As said above you only need to return the property to its original state at the time you took it on - do you have photos from when you moved in?

Think that if they tried to deduct from your deposit over it you would easily win.

AdrianC

Are you sure it's growing through a failed membrane, and not simply a build-up of earth, leaf mulch and other rubbish amongst the gravel on top of it?

While you're there, the state of the garden may or may not be relevant, depending on what your tenancy says about the garden. Not the landlord's problem - which means it's not his agent's problem, either.

And, no, you aren't being "threatened eviction".
You're being told that you may be given s21 notice. No reason is needed for that, so the state of the garden is irrelevant.

If you're given notice - or choose to give notice yourself - and move out on or before the notice's expiry, the state of the garden on the check-out date will only be relevant insofar as the deposit protection arbitrators decide on any fair deductions. If the membrane has deterioriated over time naturally, then that's fair wear and tear, and no deductions can be made.

If you fail to move out on the expiry of that notice, THEN and only then can things progress to a possession hearing. The state of the garden will still be irrelevant at that hearing, only the validity of the s21 paperwork.
If you STILL don't move out after the landlord's been granted possession, that's when it moves towards eviction. The state of the garden will still be irrelevant, because you'll be in breach of a court order.
The costs to you of a possession hearing and enforcement agents will be far higher than a bit of membrane and some gravel.

theartfullodger

Slithery wrote: »

Your only responsibility is to leave the property in the same condition that it was in when you started renting when the tenancy ends...................

It's very likely there is also a clause in the tenancy requiring inside property & garden to be kept tidy etc etc.



Yes I know that may perhaps be largely unenforceable, but it would still be a responsibility.

moneyistooshorttomention

AdrianC wrote: »

The costs to you of a possession hearing and enforcement agents will be far higher than a bit of membrane and some gravel.

In OP's position - I would want to know the likely cost of a possession hearing and need to know the cost of the tradesperson that I would have to employ to do the work for me (ie as well as the cost of materials).

It helps to know all the facts - in order to make a decision as to what to do for the best.

fmlyhm1148

Update: they came back out today and behaved appallingly, even swearing and trying to intimidate me. Apparently, every property I've rented from them has had to have work done when I left. Not so much, as the only work that needed doing in the first property was a room needed painting (which if didn't- it was the only room I didn't get round to doing before I moved out!), and a hedge needed doing apparently in the second. Again it didn't cause it wasn't mentioned on the DPS form , and was done shortly before I departed. They also had a moan about the amount of jobs I report- stuff that needs doing like dodgy electrics and plaster board falling off the ceiling due to dampness, and mould around doors. When I moved into the first property there was food still in the freezer for crying out loud. I was then spoken too appallingly. Apparently I was "itching for an argument" and "if that's how I want to play it, any problems next inspection we will have you out". It's also a "!!!! take" that I report problems. They've been okay so far as helping us pay bonds etc, but they've been iffy with us ever since. I suspect it could be due to my partner and I both being males.

I dont enjoy being spoken down too in such a way- where do I stand? I am looking to move anyway now because I don't feel secure anymore and why should I pay £550/month to a company who talks too and treats people like that? I am actually fuming. On the plus side he didn't whine about the garden I suppose, every cloud and all that.