Tenants and Gardens: Who Is Responsible for Maintenance?

Garden Maintenance in Rental Properties: The Basics

A garden can be a genuine selling point when tenants search for somewhere to rent. Outside space often influences decisions and shapes how a property feels once occupied.

For landlords, garden maintenance can be a persistent source of frustration. Many tenants who keep the inside of a property in excellent condition pay far less attention to what is happening outside. Understanding where responsibilities lie helps both parties avoid disputes.

What Does the Tenancy Agreement Say?

The starting point for any question about garden maintenance is the tenancy agreement itself. This document should set out clearly who is responsible for looking after the garden and what that involves.

In most private tenancies, the agreement will state that the tenant is expected to maintain the garden to a reasonable standard. This typically means:

• Keeping the lawn mowed and edges trimmed
• Controlling weeds in borders and pathways
• Keeping hedges and shrubs at a manageable height
• Removing rubbish and debris
• Not allowing the garden to become overgrown or neglected

Some agreements include specific tasks or frequencies. Others use more general wording such as requiring the garden to be kept in a condition similar to how it was at the start of the tenancy.

If the tenancy agreement does not mention the garden, the situation is not necessarily unclear. Under common law, tenants are generally expected to return the garden in the condition it was in at the start, allowing for reasonable wear and tear. This principle applies even without specific clauses, though proving breach becomes more difficult without written terms.

Landlords should make sure garden responsibilities are spelled out clearly from the beginning. Vague wording often leads to disagreements later on, particularly when deposits are being returned.

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Social Housing and Council Tenancies

Rules for council and housing association properties follow a similar pattern. Most social landlords include a clause requiring tenants to maintain gardens to a satisfactory standard.

What counts as satisfactory is not always defined in detail. However, social landlords will usually expect tenants to cut grass, manage weeds, and keep hedges under control.

Some housing associations offer garden maintenance services for tenants who struggle to manage outside work themselves, including elderly tenants or those with disabilities. Local councils may also have schemes for garden clearance or ongoing care. Check with your landlord or local authority to see what support might be available, though provision varies by area.

Where a tenant persistently neglects their garden to the point where it affects neighbours or the wider estate, the landlord may take action through warnings, offers of assistance, or in serious cases, legal proceedings. Such outcomes are rare and landlords will usually try to resolve matters informally first.

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What Tenants Can Reasonably Be Expected to Do

If the property has a private garden, tenants are commonly expected to engage in regular upkeep. This does not mean they need to be expert gardeners. Basic maintenance is usually sufficient:

• Mowing the lawn regularly during the growing season
• Keeping paths and patios clear of weeds and moss
• Watering plants during dry spells
• Pruning back shrubs or hedges that are becoming overgrown
• Disposing of garden waste properly

It would not normally be fair to expect tenants to carry out major work such as tree surgery, fence repairs, or replacing worn out lawn areas. These tasks fall more naturally to the landlord, as they involve the structure and longer term condition of the property.

Tenants who do not have access to tools such as a lawnmower may need to arrange their own. Some landlords provide basic equipment, but this is not required. Where a tenant does not want to look after the garden themselves, they can hire a local gardener or ask someone else to help.

What Happens at the End of the Tenancy

When a tenancy ends, landlords typically assess the condition of the garden alongside the rest of the property. If the tenant was responsible for maintenance, the landlord will compare the current state with the condition recorded at the start.

Photographs and notes from the check in inventory are useful here. Tenants should also take their own dated photographs at the beginning and end of the tenancy. If the garden has deteriorated beyond normal wear and tear, the landlord may seek deposit deductions to cover restoration costs.

What counts as fair wear and tear in a garden is open to interpretation. A lawn that looks different in winter compared to summer is not evidence of neglect. Perennials dying back, leaves accumulating in autumn, or minor weathering of paving would generally be considered normal. However, a garden that has clearly been ignored for months, with overgrown grass and dead plants, is a different matter.

Both parties may wish to consider mediation before lodging a formal dispute. Some tenancy deposit schemes offer mediation as a first step. If that fails, either party can refer the matter to the relevant tenancy deposit scheme for free dispute resolution. The adjudicator's decision is binding.

Further guidance on tenancy deposits and dispute resolution is available on the GOV.UK website.

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