One of the selling points of a property for many tenants is the garden. Even if they do not enjoy maintaining a nice garden, tenants enjoy having a nice outdoor space especially these days where outdoor space is highly desirable.
For landlords, gardens can be a bit of pain particularly if you discover that the garden has not been maintained by the tenants. A forgotten garden can cost time and money to fix.
Sadly, there is a degree of confusion about who is responsible for what. Who is responsible for garden maintenance in a rented property – are the landlords or are the tenants? The answer lies in the tenancy agreement, but it is not always that simple.
Getting the tenancy agreement clause for garden maintenance included in the agreement.
As a landlord, the first thing to make sure if your property has a garden that the tenancy agreement covers the garden and stipulates whether the tenant is responsible for maintaining it.
Without a tenancy agreement regarding who is responsible for the garden maintenance will make a landlord unable to successfully claim the garden maintenance when an issue arises.
Primarily, a tenant is expected to follow the terms in the tenancy agreement that were agreed upon before moving them into the property. Generally, it is expected that tenants will keep the garden litter-free, tidy, and not overgrown throughout the tenancy. For example, the tenant is expected to mow the lawn regularly and keep on top of the weeding. This will be usually the standard clause in a tenancy agreement.
Usually, the tenant is responsible for returning the garden in the same state that it was when they moved into the property. This means that as a landlord, you cannot expect the tenant to make improvements to the garden when it was in a mess already in the first place.
Moreover, landlords cannot expect tenants to perform the task that requires expertise such as pruning and maintaining trees, very tall hedges, and shrubs; or nurturing delicate plants.
Landlords are responsible for ensuring that any trees in the garden are safe. Landlords are also responsible in repairing or replacing fences of walls, repairing decking, patios and other landscaping that requires expertise.
What is a good tenancy agreement garden maintenance clause?
It should define that the garden should be left at the tenancy agreement be in the same condition at the start of the tenancy. This means that as a landlord the garden should also be included in the property inventory.
The landlord must never skip due diligence when carrying out property inventory. The inventory should detail out the exact condition of all aspects of the garden.
It should be specific about what you expect the tenant to do. For example, “the tenant must lawn garden with an appropriate lawn mower to make sure that the grass remains tidy at all times”.
You can go into as much detail as possible to avoid any misunderstanding.
An additional clause can also be added such as tenants must ask permission from the landlord before making any changes or improvements to the garden.
Landlords Should Provide Gardening Equipment to Tenants
Remember that usually, tenants will not have gardening equipment. It would make sense to provide gardening equipment to encourage tenants to keep the garden well-maintained. As a landlord, you should consider providing basic gardening tools and a lawnmower. You should also ensure that there is a storage space for the equipment.
Remember that by making a few simple steps, preventing future problems can be prevented when it comes to garden maintenance.
Bluestone Properties
Bluestone Properties is an estate agency and letting agency in south London. We provide services in south London and surrounding areas. Feel free to contact us on 0208 355 3405 or email us at info@bluestoneproperties.co.uk.
