A well-maintained garden boosts rental appeal, increases your property’s value, and enhances tenant satisfaction. But gardens can be a contentious area between landlords and tenants both during and at the end of a tenancy. Our guide helps landlords and tenants understand their responsibilities when it comes to garden upkeep, helping to prevent disagreements and minimising the need for formal resolution relating to the garden at the end of the tenancy.
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A well-maintained garden is a valuable asset for a rental property, offering numerous benefits for both landlords and tenants, as well as the environment. But there are also potential drawbacks to consider. Here, we’ll explore the advantages and disadvantages of gardens in rental properties and identify who is responsible for what areas of the garden.
For landlords, a garden improves the property's appeal, making it more attractive to prospective renters and often easier to let. A garden can add significant value to your rental property, with one study concluding that it adds an average of 15% to the amount of rent tenants are prepared to pay
For tenants, a garden provides a relaxing outdoor space that can improve well-being and quality of life, particularly for families with children and pet owners.
Gardens also contribute to a healthier environment by improving air quality, supporting wildlife, and reducing urban heat. A thoughtfully maintained garden not only increases tenant satisfaction but can even help protect the property's value in the long term, with many tenants increasingly looking out for eco-friendly properties.
Despite these significant benefits, gardens in rental properties are not always given the love and care they deserve, with outside space sometimes being seen as a heavy burden rather than a desirable asset. Gardening can be hard work, and not all tenants are interested in maintaining the garden, or have the time or skills required. Around 12 to 15% of end of tenancy deposit issues involve the garden, and gardens can be a contentious area between landlords and tenants during the tenancy too. This is often due to unclear tenancy agreements and confusion over maintenance responsibilities. But with good communication and a well-defined agreement, many issues can be avoided. We’ll explore this in more detail in chapter three.
It’s important to have a clear understanding of who is responsible for what when it comes to garden maintenance, from the start of the tenancy. This should be included in a garden clause in the tenancy agreement, as well as during discussions with the tenant when viewing the property to manage everyone’s expectations.
Under Section 11 of the Landlord and Tenant Act 1985, landlords have a legal responsibility to keep the structure of the property in good repair. This includes things like drains, gutters and external pipes and, if the tenancy was granted from 1988 onwards, the landlord has the extended responsibility of keeping the structure and exterior of any part of the building that is connected to the property in good repair.
Landlords are usually responsible for looking after garden areas that it would be unreasonable to expect tenants to maintain, such as trees, large shrubs, hedges, and climbing plants, to make sure they remain safe. Additionally, any major repairs or improvements are the landlord’s responsibility, and in an HMO, the garden is always the landlord’s duty to manage.
From the landlord insurance point of view, it’s in landlords’ interests to keep large shrubs and trees under control. Since trees send their roots out in search of moisture, keeping them to a sensible size prevents them from sucking up extra moisture in warmer weather, helping to minimise the risk of subsidence. Cutting back larger shrubs regularly can also help deter potential intruders who may be looking for a place to hide.
mydeposits article, ‘Garden maintenance in a rented property – is your garden ready for winter?’ includes advice on the jobs landlords need to prioritise and what to bear in mind if your tenant is moving out during the autumn/winter months.
Unless otherwise stated, tenants are usually responsible for regular basic garden maintenance, including weeding, pruning low growing shrubs in borders, disposing of any rubbish, mowing the lawn and watering plants. Since the tenant is required to return the garden in the same state that it was in when they moved in (allowing for seasonal growth), they should not change the garden in any way, even if this means making improvements, without the landlord’s permission. Without this permission, the landlord can charge the tenant the cost of returning the garden to its original state. The following case study highlights the importance of returning the garden in its original condition.
In this mydeposits case, the tenant put up a concrete outbuilding with electrics fitted in the rear garden. They had not asked permission from the landlord, who was concerned that the building restricted the side entrance and that there were no safety certificates for the electrics along with any other safety requirements. While the tenant claimed that the building added value to the property and that they could not afford to have it taken down, the landlord’s agent said that the building needed to be removed and that the tenant should be responsible for the cost. The adjudicator considered the amount of work needed to take the building down and dispose of it, so that the garden could be returned to its original condition, and the landlord’s quote of £1,800 to carry out the work was found to be reasonable and proportionate so was awarded in full. Read the full resolution case study with key takeaways here.
While it is reasonable to expect basic garden maintenance from tenants, this does not extend to tasks that require expertise, so it’s a good idea to create a low-maintenance garden with hardy, drought-tolerant plants. It’s also sensible to discuss garden maintenance expectations when prospective tenants come to visit the property. Here, we consider what you can do to create a tenant friendly garden and select garden friendly tenants from the start.
Although there has been a surge in demand for properties with gardens since the pandemic, not all tenants want the hassle of looking after a garden or have the time. So, it’s a good idea to establish expectations at the viewing stage, so that you can weed out unsuitable tenants and make sure the tenants you choose are more likely to have the time and enthusiasm to look after the garden. You can also make sure the garden is designed with your target tenant in mind. For example, families with children or pets will be concerned about garden security and are more likely to appreciate a lawn, whereas students and tenants in HMOs will prioritise a patio with a seating area. If your property has a garden, you may prefer to focus on tenants who are more likely to stay for the longer term, than short term tenants who may not make time to look after the garden.
An attractive, low maintenance and secure garden will appeal to renters and minimise the risk of any issues involving the garden at the end of the tenancy. Here are some tips for creating a tenant friendly garden:
If you decide to provide your tenant with gardening equipment, particularly power tools or a lawn mower, make sure it’s in good condition and compliant with health and safety standards. If you don’t have a Residual Current Device (RCD) built into your fuse box, you should use a plug-in RCD when using a socket to plug in a lawnmower, hedge trimmer or other power tool. If you decide to provide equipment, think about the storage needed too.
If you have several properties with gardens, it might be cost effective to outsource the garden maintenance. You can’t charge the tenant for this so would either need to cover the cost yourself or include it in the rent, but if you want to make sure the garden is maintained and it is important to you, then it may be worth it.
The surest way to prevent any garden related issues is with a clear garden clause in your tenancy agreement, combined with a thorough check-in inventory report and regular inspections.
“Garden maintenance can be contentious for both landlords and tenants because many tenancy agreements are unclear on exactly who is responsible for the various jobs required. There are very few agreements that make no reference to the garden, but the clauses are often too brief.
Making it clear which areas the tenant is responsible for, and landlords understanding which areas they have responsibility for, is key, and manages everyone’s expectations right from the start and when the tenancy comes to an end.
If any negotiation is unsuccessful, an adjudicator will consider the tenancy agreement, the evidence provided and a ‘reasonable’ approach when making a decision.”
- Suzy Hershman, Resolution Department Lead
It’s a good idea to discuss expectations at the viewing stage including what you know is your responsibility and whether you are willing to provide any tools. Once the tenant has moved in, highlight the garden clause in the tenancy agreement and maybe include some basic tips in a tenant welcome pack (see chapter five for some tips).
The tenancy agreement should define:
Tenants will be responsible for any excessive deterioration in the condition of the garden. When making a comparison between move in and check-out inventories, landlords should also consider the seasons and if they are different, making some allowances (winter move-in versus summer check-out)
A good example will require the tenant to: “cut the grass (if any) of the property with an appropriate garden mower as necessary from time to time to keep the grass in a neat and tidy condition, and to keep the patio areas, paths, garden areas, lawns, flower beds, shrubs or bushes and borders as tidy, weed free and in seasonal order as at the start of the tenancy.”
The tenancy agreement should also make it clear that the tenant must ask the landlord for permission to carry out any garden alterations or remove any plants without the landlord’s consent (which should be in writing).
If there are any issues relating to the garden when the tenancy ends, the adjudicator will review the check-in and check-out reports, which should be detailed, allowing for a good comparison.
It’s important to carry out a thorough check-in and inventory at the start of the tenancy, which describes the condition of each area in the garden and its condition. mydeposits is partnered with inventory specialists, No Letting Go, and you can learn more about inventories in our complete guide to inventories that combines the expertise of both mydeposits and No Letting Go.
If you are using an inventory company, where possible use the same one for both check-in and check-out reports. Photographs will help show the extent of any deterioration and if they are embedded in the report will be seen as taken on that date.
Photographs should be:
Ideally, the tenant should be given the opportunity to attend the check-in and check-out inspections and make any comments there and then. This is often not the case so make sure you send the tenant the reports within a couple of days of the starting date, giving them seven days to make any comments, and within two days of them moving out, before any necessary negotiation.
Checking the garden should be part of regular inspections, giving you the opportunity to share gardening tips with tenants and discuss any issues you notice before they escalate. The following case study highlights the importance of documenting discussions in inspection reports, and following up visits in emails as this is all good evidence.
In this case, the tenants had lived in the property for two years, leaving everything in good condition. When they moved out and the check-out inspection was completed, the only area of concern was a circular brown patch in the grass under where a trampoline had been standing from the time they moved in. In the first of the regular inspection reports, there was a comment on the trampoline seen in the garden and where it was situated. This was provided as evidence, along with the tenancy agreement, the check-in report, the check-out report and an invoice for laying new turf on a four square metre patch of lawn, which was the approximate size of the brown patch. This was considered reasonable and the full amount of £326 was awarded to the landlord. This case highlights that a landlord can propose settlements wherever there is deterioration, which is in excess of what is reasonable and where the evidence supports it. Read the full resolution case study here for more details.
Top tip – consider carrying out a pre-check out inspection, during the tenant’s last month, so you can discuss any problems and the tenant has every opportunity to minimise any costs before moving out.
Adjudicators use the same process as you should use for negotiation. It is important to consider the tenancy agreement, check-in and check-out reports, mid-term inspection reports, estimates and invoices and any communications such as emails and letters to asking the following questions when proposing costs.
Tip: Remember, the landlord should not end up in a better position than at the start of the tenancy so you must consider ‘seasonal growth’ in your claim for garden maintenance and wear and tear on things such as marks left by planters on paving.
Has there been written communication between the landlord/agent and tenant in relation to the issues where:
What, if any, are the responses?
Do you have receipts in relation to any of the areas in discussion?
If you do, then provide these in evidence. These may relate to the last time any work was carried out by you just before the start of the tenancy or costs you have actually incurred to put the garden back in a good condition after the tenancy has ended. This will allow an adjudicator to accurately assess the extent of deterioration the tenant is responsible for, when making an appropriate award
What is reasonable to charge the tenant?
This should be proportionate to the extent of deterioration found in the evidence and not include work carried out to the rest of the garden
Remember that both invoices and estimates are persuasive, as they should be reflective of market rates for the area. Where the tenant is proven to have caused the problem, they will be responsible for costs and if the work has not actually been done, the next check-in report should reflect this so that the landlord is unable to claim twice for the same issue
NOTE: You will not succeed in claiming for replacement costs where repair would be sufficient. For example, in the earlier case study about damage caused by a trampoline, the landlord was only looking for costs to replace the damaged area and not the whole lawn.
At mydeposits, we offer an independent and impartial resolution service for landlords, agents and tenants who are unable to reach agreement on distributing the deposit when the tenancy ends. In this section we explore a garden related case study to help you understand our approach to resolution. Visit our Content Hub to learn more and access our full library of case studies.
Resolution Department Lead at mydeposits, Suzy Hershman, breaks down a case involving garden care and rubbish removal, which relied on evidence from the tenancy agreement, check-in report, check-out report, emails and invoices. The full deposit in this case was £4,216 and the unresolved amount was £650.
The garden was very big, and the bushes and shrubs were all mature and well-established. They gave the garden lots of care and attention during the tenancy and although there may have been some weeds left, it was summer when they moved out so weeds were growing quickly compared to when they moved in, which was during the winter, so there would obviously be some differences. The tenant also explained that all the rubbish the landlord was claiming for was removed after the check-out inspection took place, with the landlord’s knowledge and permission.
The garden was left overgrown – the ivy, bushes and trees had grown so much that they had become a big job to put right, which was not something a normal gardener would be able to do as they were so high. One tree of sentimental value, which had been there for many years, had not been given the special care it needed, and had died. It had cost the landlord a considerable amount to put the garden back in manageable condition, and there was also rubbish left that needed removing.
Rubbish removal: The comparison of the check-in and check-out reports showed that a lot of rubbish left at the end of the tenancy had not been there at the start, and it was the tenant’s responsibility to remove it. But the tenant had provided an invoice from a contractor and an email directly from the landlord who agreed they could sort out the rubbish after moving out. There was no response to this point in the agent’s rebuttal, although the estimate from the maintenance contractor included a £95 cost for removing rubbish. On balance, the adjudicator found that the tenant had removed the rubbish and no award was made.
Tree requiring special care: While the reports confirm that the tree died during the tenancy, there was no evidence that the tenant was given any ‘special care’ instructions for looking after the tree. In the absence of the landlord telling the agent or the tenant that this plant required special attention, other than routine maintenance, when any plant can die for many other reasons, the adjudicator was unable to find the tenant responsible for neglecting the tree or causing the tree to die and made no award.
General garden maintenance: The inventory carried out in January showed a large garden generally in good condition at the start. However, there were some weeds in the front borders and some ivy was prevalent in various areas. It was also clear from the descriptions and embedded photographs that the trees and shrubs were mature, and some were very large. The borders in the back garden and the patio paving and driveway in the front and rear were clear of weeds.
The check-out report, carried out in June, showed that the garden was generally well looked after during the two and a half year tenancy, although:
The tenant is responsible for taking reasonable care of the garden and returning it in the same condition as it was in at the start, allowing for seasonal growth. This includes work like mowing, trimming and weeding easily accessible areas:
The tenant was not found responsible for:
The adjudicator considered the £650 invoice which included removing rubbish (£95), pruning trees and plants which the tenant was not responsible for and maintenance that would put the garden in a better condition than when the tenant moved in, so the landlord was awarded £222.
Tenant education is key to a successful tenancy. If you rent out a property with a garden, share these tips with your tenants to minimise the chances of any disagreements over the garden at the end of the tenancy.
A well-maintained garden is a valuable asset for rental properties, benefiting both landlords and tenants while also contributing to environmental well-being. But, without clear tenancy agreements, a robust check-in inventory and check-out, mid-term inspections and regular upkeep, gardens can become a source of unexpected costs. By clearly defining responsibilities in the tenancy agreement, conducting routine inspections, and maintaining open communication, landlords can help make that outdoor spaces remain an asset rather than a burden. Establishing a proactive approach to garden maintenance not only enhances tenant satisfaction but also protects the long-term value of the property.
