A case involving garden care and rubbish removal
Learn about mydeposits’ approach to resolution and how to avoid any issues over the garden at the end of the tenancy.
mydeposits case study – garden care and rubbish removal
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 case study involving garden care and rubbish removal
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 tenant’s view:
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 landlord’s response:
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.
What was decided and why?
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 ivy had become prolific around the garden
other climbing plants, shrubs and trees were left considerably overgrown
the rear patio and front driveway were left with weeds growing in them
some borders needed some minor maintenance
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:
As some ivy was overgrown at the start of the tenancy, the tenant could only be found responsible in part for any additional maintenance and costs
The tenant was also found responsible for costs towards work needed on some shrubs, hedges, weed control and tidying borders
The tenant was not found responsible for:
the trees, hedges and some shrubs that were well established and a considerable size at the start and well above head height at the end of the tenancy, as this is impractical and unreasonable to expect from a tenant
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.
Key takeaway points
Maintaining a good relationship is important to make sure the tenancy runs smoothly
Regular inspections can highlight a problem before it becomes too big and requires more costly work
If special care is needed to anything during the tenancy, inside as well as outside, then specific care instructions should be given to the tenant, in writing
Be aware of tenant and landlord responsibilities when it comes to garden maintenance to manage all parties’ expectations, and have any necessary maintenance work carried out regularly if possible and before problems happen
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