Whose responsibility is garden maintenance on rental

ruf_ha11

I’m a tenant and have given my notice to leave. The landlord isn’t happy of the condition of the garden which to be fair I’m not disagreeing with. The garden hasn’t been useable for our purposes for around 6 months since the fence fell down and the landlord said it’s the neighbors responsibility so we’ve had no fence since. Due to this the garden has been low priority in terms of maintenance given we can’t use it at all. 

My lease agreement states this regarding the garden ‘The garden ground at the Property is to be maintained by the building factors at the expense of the Landlord’. I’m not sure if they meant that to be in the lease as we don’t have factors but it is. Garden is also not mentioned at all in the tenant leaving check list. 

Given the above I wondered if anyone knew whose responsibility the garden is? We will tidy it up before leaving but have basically been prompted to employ a gardener at our own expense to get rid of weeds which is the main issue. 

Alderbank

ruf_ha11 said:

I’m a tenant and have given my notice to leave. The landlord isn’t happy of the condition of the garden which to be fair I’m not disagreeing with. The garden hasn’t been useable for our purposes for around 6 months since the fence fell down and the landlord said it’s the neighbors responsibility so we’ve had no fence since. Due to this the garden has been low priority in terms of maintenance given we can’t use it at all. 

My lease agreement states this regarding the garden ‘The garden ground at the Property is to be maintained by the building factors at the expense of the Landlord’. I’m not sure if they meant that to be in the lease as we don’t have factors but it is. Garden is also not mentioned at all in the tenant leaving check list. 

Given the above I wondered if anyone knew whose responsibility the garden is? We will tidy it up before leaving but have basically been prompted to employ a gardener at our own expense to get rid of weeds which is the main issue. 

The lease says the building factors are responsible.

If the landlord is not happy with how the garden is being maintained by the building factors he needs to have a word with them. After all, he's paying for them to do it.

Schwarzwald

Or he is saving money by not having them, and then such saving should enable the LL to maintain the garden.
or he needs to change the tenancy agreement, but the wording rather clearly doesnt put the responsibility on the tenant …

ruf_ha11

Alderbank said:

ruf_ha11 said:

I’m a tenant and have given my notice to leave. The landlord isn’t happy of the condition of the garden which to be fair I’m not disagreeing with. The garden hasn’t been useable for our purposes for around 6 months since the fence fell down and the landlord said it’s the neighbors responsibility so we’ve had no fence since. Due to this the garden has been low priority in terms of maintenance given we can’t use it at all. 

My lease agreement states this regarding the garden ‘The garden ground at the Property is to be maintained by the building factors at the expense of the Landlord’. I’m not sure if they meant that to be in the lease as we don’t have factors but it is. Garden is also not mentioned at all in the tenant leaving check list. 

Given the above I wondered if anyone knew whose responsibility the garden is? We will tidy it up before leaving but have basically been prompted to employ a gardener at our own expense to get rid of weeds which is the main issue. 

The lease says the building factors are responsible.

If the landlord is not happy with how the garden is being maintained by the building factors he needs to have a word with them. After all, he's paying for them to do it.

There isn’t any building factors. I thought they were for flats but we have a house. My previous landlord completely maintained our garden though so not 100% sure if it’s a mistake or not. Just worried we’ll be made to pay for a gardener or have money taken from the deposit as they’ve said in a text message that we’re responsible for maintaining the garden and will probably need to get a gardener in (not sure I 100% agree that you need a gardener due to weeds). 

ruf_ha11

Schwarzwald said:

Or he is saving money by not having them, and then such saving should enable the LL to maintain the garden.
or he needs to change the tenancy agreement, but the wording rather clearly doesnt put the responsibility on the tenant …

I think it’s a mistake and they never intended to have a factor. Their txt sent to me says it’s our responsibility which is what I’d assume but it is different to the lease. 

Mark_d

The lease agreement states who is responsible for the garden.  That is not you!

If the garden is not on your leaving checklist, was the garden omitted from the inventory when you checked-in?  If they're not trying to suggest that the responsibility lies with you then that is ideal.  But otherwise  you can relax in the knowledge that the lease agreement states that you are not responsible.

ruf_ha11

Mark_d said:

The lease agreement states who is responsible for the garden.  That is not you!

If the garden is not on your leaving checklist, was the garden omitted from the inventory when you checked-in?  If they're not trying to suggest that the responsibility lies with you then that is ideal.  But otherwise  you can relax in the knowledge that the lease agreement states that you are not responsible.

Annoyingly can’t find an inventory but will need to have a good look. We were also told we’d have to pay for a cleaner and carpet professional cleaned due to having pets which were doing but looking back at the lease it doesn’t actually say we have to do that so I’m now questioning this. Not sure if it’s normal to have to pay or cleaner yourself or landlord always have to do this anyway. 

RAS

Factors? Are you in Scotland?

ruf_ha11

RAS said:

Factors? Are you in Scotland?

Yeah. I’m buying a house which has factors which maintain the local area but never heard of them maintaining an individuals garden. 

user1977

ruf_ha11 said:

RAS said:

Factors? Are you in Scotland?

Yeah. I’m buying a house which has factors which maintain the local area but never heard of them maintaining an individuals garden. 

They don't. Your landlord is a muppet who has used a style of lease for a flat with a communal garden. If it doesn't say you're liable for garden maintenance then I can't see that you are.

ruf_ha11

user1977 said:

ruf_ha11 said:

RAS said:

Factors? Are you in Scotland?

Yeah. I’m buying a house which has factors which maintain the local area but never heard of them maintaining an individuals garden. 

They don't. Your landlord is a muppet who has used a style of lease for a flat with a communal garden. If it doesn't say you're liable for garden maintenance then I can't see that you are.

They own a fairly big letting agency so always assumed they would know exactly how to do everything right etc. but you’re right the whole lease wording reads as for a flat not a house. I’m now questioning if I should be paying for a carpet cleaner and cleaner as it’s not in the lease either but told we needed to do it.