Garden Maintenance: Tenant or Landlord Responsibility?

# Garden Maintenance: Tenant or Landlord Responsibility?

Gardens cause more deposit disputes than people expect. Get the wording right at the start and you avoid almost all of them.

The default position

Without specific wording in the AST, garden maintenance falls to the landlord. Tenants have a duty to "use the property in a tenant-like manner" but courts have repeatedly held this does not include gardening.

If you want tenants to maintain the garden, the AST must say so explicitly, in proportionate detail, and provide the means (tools or a budget).

What the AST should specify

A defensible garden clause covers:

1. Scope — front, back, side, communal.
2. Routine tenant duties — mow lawn fortnightly in growing season, keep beds free of weeds, sweep paths.
3. Frequency — specific (e.g. "lawn no longer than 75mm").
4. Tools provided — list (mower, strimmer, shears, fork, spade) and condition.
5. Landlord-retained duties — trees, hedges over 2m, fences, shed structure, paving repairs, pest control.
6. End of tenancy — return garden in similar condition to start (refer to check-in photos).

Realistic tenant scope

• Lawn mowing in growing season (Apr–Oct typically).
• Weeding beds and paths.
• Watering pots and plants.
• Sweeping leaves.
• Putting bins out and back.

Tenants are not landscapers. Do not expect:

• Pruning fruit trees or roses.
• Trimming tall hedges.
• Soil improvement or planting.
• Pond maintenance.
• Pest spraying.

Landlord-retained items

• Trees — TPO checks, lopping, removal. Always landlord responsibility.
• Hedges over 2m — Anti-social Behaviour Act limits at 2m for boundary hedges; structural pruning is landlord.
• Fences and boundaries — structural maintenance and replacement.
• Sheds and garden buildings — structure, roof, security.
• Paving and patios — significant repairs.
• Drainage — gullies, soakaways.
• Tree safety — annual visual check, especially after storms.

Tools and budget

Two models:

1. Tools provided — petrol mower, strimmer, shears, basic hand tools. List them in the inventory with photos. Expect them to be returned in working order minus fair wear.
2. Budget — agree a small annual amount (e.g. £100) the tenant can spend on tools/consumables and reclaim with receipts. Less common but works for keen gardeners.

Without tools or budget, you cannot reasonably enforce "tenant maintains garden" wording.

HMO and shared gardens

In HMOs, garden duty between sharing tenants needs explicit allocation — usually landlord-provided gardener (folded into rent) is the cleanest answer. A "joint and several" garden clause across 5 sharers rarely produces a tidy garden.

End of tenancy

• Compare photos at check-out to check-in.
• Allow for fair wear (seasonal growth, lawn condition at end of growing season vs spring).
• Deduct only for clear neglect: knee-high weeds, lawn turned to mud, dead pots, accumulated rubbish.
• Cost of one professional tidy is typically £100–£300.

Common disputes

• Tenant claims they were never told they had to do it (AST silent or vague — tenant wins).
• Landlord claims overgrowth is damage (court treats as wear if maintenance scope was unclear).
• Hedges over 2m — tenant complains to council, landlord must reduce.
• Trees damage neighbour''s property — landlord''s liability.

Practical playbook

1. Add a clear garden clause to your AST.
2. Provide tools or accept landlord-managed gardening.
3. Photograph the garden at every check-in and check-out.
4. Include garden in routine inspections.
5. For larger gardens or unwilling tenants, build £20–£40/month gardener into the rent.

Bottom line

If you want tenants to garden, write it clearly, give them tools, and accept lawn-mower standards not landscape-designer standards. If you want a beautiful garden, hire a gardener and price it into the rent.