“Everyone has their own view on what makes a good garden – and a good gardener. Tenants have a right to reasonable use of the garden, and a responsibility to leave the space in good condition at check-out whatever their interest or ability to nurture plants.”
Alexandra Coghlan-Forbes
Head of Dispute Resolution
If you want the tenant to maintain the garden, make sure it’s in the tenancy agreement
The tenant must maintain the garden if the tenancy agreement specifies so. You may choose to provide tools for this, but if you opt not to and a tenant doesn’t have them, they should borrow or buy the equipment needed to maintain any outdoor space.
Clearly communicate your ‘garden expectations’
Tell your tenants at the start of the tenancy how you expect the state of the garden to be at the end of the tenancy. Also make them aware of any plant you consider particularly important to the character of the garden or that has specific care requirements.
Be realistic about the tenant’s capabilities
Tenants aren’t house-sitters and may not be interested or knowledgeable about gardening. You shouldn’t expect them to take care of rare plants or any outside domestic or other creatures, for example, pond fish.
You’re still responsible for regular maintenance of fixed features
You should make arrangements for the fixing steps, paving slabs, fencing or other features if needed. If a property has swimming pool, you and your tenants should explicitly agree who maintains it.
Use your interim tenancy inspections to assess the condition of the garden
Treat the garden the same as the rest of your property and carry out interim inspections to assess its condition. Don’t forget you need permission from your tenant. If you need to carry out any repairs or garden work you should give 24 hours’ notice and undertake the work at a reasonable time of day.
Keep up-to-date records
Take seasonal photographs of any outdoor space before and after a tenancy, including showing the size of the area. You can’t claim that a garden is a ‘mess’ at the end of a tenancy if evidence proves that only a small section of the overall space is unkempt or if the garden was in a similar condition when the renters moved in.
Factor in the season or garden layout when performing the check-out
During the winter the outside space typically looks untidy during colder months. Sections of a garden may also experience different conditions, for example lack of light or water, which means it can be challenging for plants to grow there.
Remind your tenants to report problems promptly
Tenants should report any outside damage to a garden or its fixtures, as they would any damage to the inside of a property.
Tell your tenants to give themselves enough time to clear up outside
Tidying a garden can turn out to be a bigger job than some tenants imagine, so tell them not to leave garden clean-ups to the last minute and remind them to use designated gardening tools.