The Great Outdoors - Guidlines for Landlords and Tenants

With spring in the air, adjudicators at The Deposit Protection Service have revealed some of the interesting and unusual tenancy deposit disputes that they have come across relating to gardens.

Although only a small proportion of landlords and renters register a dispute over the return of a deposit at the end of a tenancy, The DPS’ dispute resolution service ensures each case is resolved fairly and for free without the need for court action.

Its team of adjudicators have recently revealed that they’ve seen a case where the tenant pulled up thousands of pounds worth of exotic plants believing they were weeds – while another “accidentally” felled a healthy 20-year-old tree.

Other examples include a property at which the renters had not cared for the garden lawn sufficiently during their tenancy. Rather than restore the lawn to the condition it had been in when they arrived, they simply left a packet of grass seeds behind for the landlord instead.

Elsewhere a landlord submitted a lawn repair claim that adjudicators said was more in keeping with “creating a professional grass tennis court” than a piece of turfed ground outside the property.

The DPS says everyone has their own view on what makes a good garden – and a good gardener. Tenants have a right to reasonable use of the property, including being able to use the garden, and a responsibility to leave the space in good condition at check-out – whatever their interest or ability to nurture plants.

When adjudicators consider a dispute over an outdoor space, they’ll also take into consideration factors outside of the tenant’s control, including the weather, the time of the year and whether plants are vulnerable to pests or diseases.

The DPS’ nine tips can help landlords and tenants to understand their rights and obligations when it comes to outdoor space:

1: Tenants must maintain a property’s green spaces, if the agreement specifies - If a landlord doesn’t opt to provide tools and a tenant doesn’t have them, the renter should borrow or buy the equipment needed to maintain any outdoor space.

2: Landlords should clearly communicate their ‘garden expectations’ - Landlords should tell tenants on check-in what condition they want the garden to be in on check-out. They should also make tenants aware of any plant they consider particularly important to the character of the garden or that has specific care requirements. Landlords may wish to consider replanting a plant with sentimental significance in their own garden because adjudicators can only make an award for financial, not emotional, loss.

3: Landlords should however also be realistic about a tenant’s capacities to take care of specialist garden plants or features - Tenants are not house-sitters and landlords should not expect them to take care of rare plants or any outside domestic or other creatures, for example, pond fish.

4: Landlords are responsible for regular maintenance of fixed features - Landlords should make arrangements for the regular fixing of steps and paving slabs. If a property has swimming pool, landlords and tenants should explicitly agree who maintains it.

5: Landlords concerned about the condition of the garden can make periodic visits - Landlords can carry out interim inspections to assess the conditions of any outside space, with their tenant’s express permission. They should also spell out this intention in the tenancy agreement. Landlords wishing to visit a garden or carry out any repairs should give 24 hours’ notice and undertake the work at a reasonable time of day.

6: Keep up-to-date records - Landlords should take seasonal photographs of any outdoor space before and after a tenancy. They should also include the size of the area. A landlord cannot 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. 

7: Factor in the season or garden layout when a tenant checks-out - Landlords claiming during the winter for garden damage should be aware that 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. Placing a trampoline on one continuous spot on the lawn can also cause the grass to die back in that area.

8: Tenants should report any damage to outdoor space promptly - Tenants should report any outside damage to a garden or its fixtures, as they would any damage to the inside of a property. They should also take date-stamped photographs of any damage upon check-in and check-out.

9: Tenants should give themselves enough time to clear up outside - Tenants shouldn’t leave garden clean-ups to the last minute and they should use designated gardening tools for the work.

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