Top tenancy deposit disputes - don't forget about the garden, by Wendy Croy

According to the Tenancy Deposit Scheme one of the top 5 reasons for end of tenancy deposit disputes is garden maintenance or damage.

The most common reasons that we encounter when dealing with deposit claims are:

1. Overgrown weeds
2. Overgrown lawns
3. Overgrown shrubbery or hedging
4. Damage to lawns where garden furniture, hot tubs or trampolines have stood
5. Pet damage to lawns and beds

A tenant’s responsibility

Generally speaking, the responsibility for garden maintenance lies with the tenant, unless stated otherwise in the tenancy agreement. If the landlord is providing garden tools with the property these will be listed in the Property Inventory & Condition Report.

The amount of work involved in the maintenance of an established garden is dependent on the size of the space and the existing planting within it. For example, the average garden is lawned with a patio and some mature shrubs. So, you would be expected to cut the grass, prune the shrubs and generally keep the weeds at bay. Where a garden has hedging along its boundaries it is wise to establish at the outset who is responsible for cutting it back. A tenant might be happy to trim hedges to a certain height, if they have the tools, but above that height it would be reasonable to ask if the landlord will assume responsibility.

Is a garden right for you?

When looking for your next property, it is important to consider the garden and how you would manage it. The notion of sitting in a nice big garden with family and friends during the summer months is always appealing but ask yourself do you really have the time to keep it in that condition and more importantly do you know anything about gardening? If the answer is no, to either question, then would you consider paying a local gardening service to do the work for you? If again. the answer is no, then perhaps, the property is not for you after all.