Whose responsibility is garden maintenance on rental

user1977

ruf_ha11 said:

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. 

They can't just "tell" you extra things which aren't in the lease, any more than you can "tell" them that you don't need to pay rent etc.

Myci85

So long as you leave the property in the same clean and tidy condition it was in when you moved in, you don't have to employ someone else to clean it unless you either can't do it to the same standard yourself, or unless there is anything in your contract that states this. 
You should definitely have a copy of your inventory showing the condition of the property when you moved in though, as that is how the landlord will assess if you have left it in the same condition. 
If they didn't do an inventory, then of course they are going to struggle to evidence if they feel they need to deduct from your deposit at all!

Albermarle

Annoyingly can’t find an inventory but will need to have a good look

Presumably you do not then have comprehensive photos of the property when you moved in, as is recommended?

kempiejon

And meanwhile they hold your deposit?
I've rented houses and expected to keep the garden in order but can't explicitly remember if it was in the tenancy agreement. One place my landlord did buy me a new lawnmower. 
I have used end of tenancy cleaners having got fed up with the 2 day deep clean at move out. A cunningly plan my mate suggested was to ask the estate agents which end of tenancy company they used and employ them.
As other have said they've used a copperplate agreement not directly applicable to your circumstance.
Just my opinion but if when you moved in the carpets had no pet hair nor smell of pet that's how they'd like them back unless you had goldfish that might involved carpet shampooing.

ruf_ha11

Albermarle said:

Annoyingly can’t find an inventory but will need to have a good look

Presumably you do not then have comprehensive photos of the property when you moved in, as is recommended?

I’m pretty certain there was an inventory as I know I’ll have made sure there was one just now can’t find it! I took tones of my own photos too although don’t know how useful that would be. 

ruf_ha11

kempiejon said:

And meanwhile they hold your deposit?
I've rented houses and expected to keep the garden in order but can't explicitly remember if it was in the tenancy agreement. One place my landlord did buy me a new lawnmower. 
I have used end of tenancy cleaners having got fed up with the 2 day deep clean at move out. A cunningly plan my mate suggested was to ask the estate agents which end of tenancy company they used and employ them.
As other have said they've used a copperplate agreement not directly applicable to your circumstance.
Just my opinion but if when you moved in the carpets had no pet hair nor smell of pet that's how they'd like them back unless you had goldfish that might involved carpet shampooing.

I don’t actually mind doing the carpet cleaning and getting a cleaner more the we were told we had to as part of the agreement which isn’t true. We would have anyway though so the place is in the condition it was when we moved or close as possible. The garden is a harder one though as we’ve not been able to use it for so long and the agreement explicitly says they’ll pay someone to maintain it. 

kempiejon

ruf_ha11 said:

kempiejon said:

And meanwhile they hold your deposit?
I've rented houses and expected to keep the garden in order but can't explicitly remember if it was in the tenancy agreement. One place my landlord did buy me a new lawnmower. 
I have used end of tenancy cleaners having got fed up with the 2 day deep clean at move out. A cunningly plan my mate suggested was to ask the estate agents which end of tenancy company they used and employ them.
As other have said they've used a copperplate agreement not directly applicable to your circumstance.
Just my opinion but if when you moved in the carpets had no pet hair nor smell of pet that's how they'd like them back unless you had goldfish that might involved carpet shampooing.

I don’t actually mind doing the carpet cleaning and getting a cleaner more the we were told we had to as part of the agreement which isn’t true. We would have anyway though so the place is in the condition it was when we moved or close as possible. The garden is a harder one though as we’ve not been able to use it for so long and the agreement explicitly says they’ll pay someone to maintain it. 

Oh I quite agree they are trying it on telling you to book a cleaner and do the garden when the agreement states it's not your responsibility. 

propertyrental

If the tenancy agreement was silent regarding the garden, then you'd be liable for its maintenance - it's part of what you are renting therefore gardening is no different to cleaning (the house).

However the tenancy is not silent. It specifically says you are not responsible. Any issues the LL has are therefore with the (non-existent) factor, or himself!

nottsphil

Looks like they are trying to make up for signing the wrong contract with you. Their mistake, their consequences. Don't give in, just clean the place so that you can't smell anything with four legs.

Schwarzwald

ruf_ha11 said:

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. 

it might be a mistake.
which is why one doesnt take written agreements lightly and double checks them multiple times before signing.
if the LL signed a tenancy agreement saying you are not responsible for the garden, a text message doesnt override it.
mistakes are made, people learn, but legally, their issue it sounds to me, not so much yours really.