Garden benefits, drawbacks, and responsibilities
A well-maintained garden is a valuable asset, but it’s vital to have a clear understanding of who is responsible for the garden in a rental property.
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.
Benefits of gardens in rental properties
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.
Drawbacks of gardens in rental 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.
Who is responsible for the garden?
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.
Landlords’ responsibilities for garden maintenance
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.
Tenants’ responsibilities for garden maintenance
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.
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.
The tenant
The landlord
It depends on the tenancy agreement
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.
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