When a tenant is checking out a home, unless they are looking at a high rise flat as their preferred housing option, a well-kept garden or outside space of some description does tend to add a certain amount of extra appeal. This is quite amusing, really, given that most property landlords will agree that when it comes to the upkeep of a garden or communal area, it seems to be last on the list of priorities. Even the most conscientious tenant, who keeps a spotless house and looks after the inside of the property as if it were their own, can turn a blind eye to a weed-infected garden or unkempt lawn.
Social Housing Rules
Most council and housing association landlords have rules that specify that their tenants must keep their gardens to a ‘satisfactory standard’ as part of their tenancy agreement. What actually constitutes ‘satisfactory’ can vary from one opinion to another however and there are rarely set-out lists of things that a tenant must do in order to satisfy this clause of their agreement.
What is Reasonable to Expect from a Tenant?
If your tenants have a garden to themselves, it’s reasonable to expect them to maintain the garden themselves. Or at the very least get someone else in if they aren’t keen on gardening. The minimum you should really be able to expect from any tenant living in your property is that it should be kept litter-free, reasonably tidy and not overgrown. If there are hedges they should be kept trimmed, especially if they are likely to encroach onto neighbour’s properties or public areas. Grass should also be cut regularly.
In the case of rubbish – there could be comeback if a tenant lets rubbish build up on the property and it becomes a health and safety risk. Any build-up of litter, old furniture or rubbish can also attract vermin, which might result in even more expense getting pest controllers in to sort it out.
What if the Tenant doesn’t Garden?
It’s the experience of most property landlords that the garden is not usually kept as tidy as they might like – tenants seem to avoid gardening where possible and even a neat and tidy space can turn into an unloved weed-fest over a reasonably short period of tenancy.
If gardens are an important part of the property for you, you could follow the example of one landlord who decided the way forward was to employ a full time gardener for all of his properties. Fed up with watching his carefully designed garden spaces turn into weed-filled wilderness, he decided to employ a local gardener to carry out basic gardening duties such as hedge-cutting, lawn mowing and keeping the gardens looking tidy. This only works if all the properties have accessible gardens and an outside tap for any watering, but it is an option for anyone frustrated with the lack of effort that tenants have made to keep up the outside areas.
Some landlords take a stricter line with their tenants and prefer to stipulate that the tenant has a responsibility to look after the garden or else they will be penalised. If there is a clause in your tenancy agreement that forces your tenant to look after the garden, you can also introduce penalties for not doing so – withholding part of the deposit to pay for the garden to be tidied properly when they move out, for example.
If the garden is especially important to you, it’s probably worth going down the route of hiring a gardener, especially if you own more than one property. You could either add the cost of the gardening to the amount that you charge for rent, and offer a tenant a discount if they agree to do their own garden, or simply add it on and let the tenants know that the gardens are maintained. In many cases, having a ‘maintained’ garden will probably be a selling point so you might find that this actually works in your favour.
Another top tip is that longer term lets are a better option for garden upkeep – a short term tenant is likely to be able to turn a blind eye to the state of the back garden far more easily than someone who is there for a year or more, because most normal people get to a point where, even if they hate gardening themselves, they will get it sorted out just because they cannot bear the sight of an unkempt garden anymore!
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We live in a housing association property and have lived here for over twenty years (before the association took over)
They are now planning to build other properties down the bottom of the gardens, which means we would loose over 3/4 of the garden.
We have done extensive work and have well established plant all along where they want to take. Not including paying for the whole garden to be fenced.
And it looks like the new builds will have a bigger garden the us.
Do we have any rights or say in what can and cannot be done
JR - 20-Sep-24 @ 1:59 PM
Been told remove two seater settee used in my garden under gazebo, association have threatened eviction proceedings unless it removed ASAP, is this legal ,it,s not old furniture it is used by family
Kevos - 26-Jun-24 @ 3:14 PM
If iam renting from housing association who is responsible for the garden gate
Anonymous - 17-Dec-23 @ 12:00 PM
Iive in housing Association property I have my £5000 of fencing right round my property my neighbour has attracted a Fence to mine so now I can't do any maintinence if needed should my landlords make them remove it ty
Sall - 1-Sep-23 @ 9:57 AM
I live in a tower block & some of the residents took over the communal garden, & those that want to use the garden pay £2 a month for upkeep, plants, seating etc, & we actually came first in a garden competition recently too.
A couple of weeks ago council men turned up in the garden and put a wooden rail up, after ONE person complained she could not come into garden as no rail!! Firstly, she does not pay towards garden, and secondly, last time she did , years ago when she was paying, she came in fine on her scooter!!
Now this bulky rail has been put up other disabled people , in wheelchair cannot get to the seat near to the entrance as the gap not big enough, and we cannot get in there to cut the grass!! I contacted local councillor but he did nothing. PLEASE advise what we can do as none of us that do use & pay for garden don't want this rail left in garden.
Mrs_Moo@17 - 20-Aug-23 @ 10:58 PM
I live in a housing association property and the concrete is in need of replacing there are holes In my path who is responsible to get it fixed
Micco - 16-Aug-23 @ 11:18 PM
Hi I live in a Council property. My front garden is my own but not shared with neighbours. How can I prevent neighbours dog used my garden as a dog fouling area. So upsetting, apart from this a good neighbour. I have spoken to neighbour, but no difference. I have purchased garden preparations to prevent dog fouling. Not worked. I don't want to cause trouble but do I have any rights even though a Council tenant? Any advice would be appreciated. Thank you.
TUBBY24 - 3-Aug-23 @ 3:34 PM
I live in an Housing Association 2nd Floor flat. There is a tree which now covers the whole of my balcony.I have asked them to trim it but they say they cannot.I am worried if there was a fire no fireperson would be able to help me out of my flat from the balcony.
jayjay - 27-Jun-23 @ 12:36 PM
I am in a ground floor flat, private tenant, in a block of 4 flats. Above me is privately owned, across from me and above them is Council rented. We have a large back communal grassed area, which until recently was cut by one of the tenants. Now he’s no longer living here, and nobody having a lawnmower, are we all responsible for getting the grass cut? Or is the part my side my responsibility? I upkeep the front garden at present. Any input welcome.
Bez - 29-Mar-23 @ 1:34 PM
Hi I have a housing association home where the front of the property garden (not enclosed) used to have the grass cut and hedges trimmed when I moved in.. they have now stopped doing this and the hedge outside the front of my house is now covering my full front window and I am registered as disabled and cannot do it myself, nor can I afford to have it tended to. Is it now my responsibility after 8 or so years? As they are saying it is and also telling me they are unhappy with the way it looks and threatening me with further action if I don't sort it out.
Su - 4-Feb-23 @ 7:48 PM
I live in a housing association and at the back of my garden is the loop line an there are 8 or more trees and their branches hang right over my garden blocking out the sun and also the leaves when they fall fill my garden,I am disabled on oxygen and my housing association expect me to take care of it..surely this is their priority to remove them not mine..Any advice please.
Mike - 29-Jan-23 @ 1:01 PM
Does anybody know what someone can do when they moved into a housing association property which has an unlevel fully paved garden, they have said they are not prepared to level the paving, although this is really unsafe, and quite dangerous, is there any way of finding out if it can be contested and how
1111 - 21-Nov-22 @ 8:23 PM
Hi I have someone come out and they went into my back garden have they got the right to go in my back garden I do not know if tney where from housing associations
Caz - 24-Sep-22 @ 3:32 PM
Hi
Caz - 24-Sep-22 @ 3:29 PM
Hi I live in council property what our rights on having a shed in the back garden
Jmonty - 10-Sep-22 @ 11:27 AM
Hi I live in a council house I want to know my rights on having a shed in the back garden can they make tenants dismantle them for no reason
Jmonty - 10-Sep-22 @ 11:23 AM
hi i`m just wanting to know if my nextdoor neighbour is in a house rented from connect housing/council, and i`m renting private and our gardens are seperated via a fence thats currently loose can i replace it or is it down to her to as i have asked my landlord and he said it was due to my neighbour but she has recently had a new fence fitted by connect housing/council and they havent fixed the deviding fence and was wondering what to do without upsetting either parties thank you
Zoe Middleton - 12-Jul-22 @ 1:01 PM
I live in a ground floor flat, social housing with a communal garden. Right outside the backdoor is a large shed on a concrete plinth of about 4 inches. Its10x5ft. I was told the landlord wont have anything to do with removals of shed so i have arranged that part myself. They now refuse to remove the concrete plinth. It's a trip hazard apart from being unpracticle or useable. Its too high to make level as its higher than the threshold.
Blue - 8-Jul-22 @ 12:36 PM
I'm a secure council tenant in a gff with garden,half house type.
The lady upstairs is a leasehold for 11yrs. Iv been here 3yrs.
I know of 4 previous tenants in my flat.
Upstairs has the further back gardenwith her own access,but she and council want to erect a fence through my gardento gain access for upstairs,taking away half mine after iv been here 3yrs, iv obtained a land registryand it makes me rite, upstairs only access in my gardenfor emergency water / sewage.
Why hasn't there been a fence erect beforewith previous 4/5 tenantsand within her 11yrs she been there ?
Please someone help me.
Kev - 22-Mar-22 @ 6:46 PM
I’m a private tenant (long term) through a lefty agency. Parish council a few months ago asked me to cut back a high hedge and tree at the side of my house. As these are on the other side of the property fence I believe these are not in the property boundary and sign posted them to my letting agency to find out ownership. Email today from my letting agency asking me to tidy these up. I’ve contacted them and they are now going to try find out ownership. I’ve lived in the property for nearly 8 years and this has never been brought up before. As these are on the opposite side of my fence am I right I’m thinking these are not in my property and I’m not responsible? If they are on my property, due to the sheer size of them is it reasonable for the letting agency/owner to expect me to cut these back? I have always maintained the side that overhangs my fence but not the height or other side as this will be very expensive due to the size. It already costs me to pay professional totr the overhanging side.
Betty - 21-Sep-21 @ 8:32 AM
I’m a private tenant (long term) through a lefty agency. Parish council a few months ago asked me to cut back a high hedge and tree at the side of my house. As these are on the other side of the property fence I believe these are not in the property boundary and sign posted them to my letting agency to find out ownership. Email today from my letting agency asking me to tidy these up. I’ve contacted them and they are now going to try find out ownership. I’ve lived in the property for nearly 8 years and this has never been brought up before. As these are on the opposite side of my fence am I right I’m thinking these are not in my property and I’m not responsible? If they are on my property, due to the sheer size of them is it reasonable for the letting agency/owner to expect me to cut these back? I have always maintained the side that overhangs my fence but not the height or other side as this will be very expensive due to the size. It already costs me to pay professional totr the overhanging side.
Betty - 20-Sep-21 @ 5:20 PM
My Nan lives in a bungalow she has had a shed built her housing association have asked her to dismantle it for no reason what so ever does she have rights not to dismantle it because it’s on her property
Pee - 3-Sep-21 @ 1:34 PM
I live in bungalows with communal garden Neighbour moved in and mows grass and trims trees right next to my property I’ve been happy the way it looks when landlord does grass for some years and feel like neighbour has taken over I’d like a bit of privacy without neighbours interference?!
Jumah - 26-Aug-21 @ 7:32 AM
I have lived in a council property with a large communal garden for a number of years. Recently a tennant moved in and has started to leave their belongings in a specific section of the garden. A gatden which up till that point was left clear of any personal belongings. Now another recent resident has taken it upon themselves to dump a pond sized amount of sand in the garden, which seems to either be in order to make a pond or planting. Is this allowed?
Lorrie - 26-Jul-21 @ 2:15 PM
We live in a housing association house, our back garden repeatedly floods as there is no drainage whatsoever not even a drain. Who’s responsible is it to fix this problem?
Beanie - 9-Jul-21 @ 12:22 PM
I have a council home with three huge gardens the back garden is full of glass and building materials also metal grills from when the house was built, I’m a single mum with a disabled son and have asked them to remove and make safe but the council won’t and says it’s my responsibility for the up keep is there any legal help I can get with this as I don’t want to leave my home because it would be to much of a change and upheaval for my son were so I stand on this any help would be much appreciated.
Jay1975 - 23-Jun-21 @ 5:59 PM
I live in a council house and there is a massive tree ( not planted by me ) at the start of my path , this has made the path rise at least 4 inches , i tripped up my path and really hurt myself,is this my fault ? I didn't plant this tree wich must be at least 50 years old if not older .
Jools - 10-Jun-21 @ 1:50 PM
My landlord says he is responsible for the painting of the building wall but not the garden wall is this correct
Lol - 4-Jun-21 @ 3:56 PM
What are my do's and dont's of a garden that I have whilst in temporary accommodation SAT
Zapps - 20-May-21 @ 5:51 PM
We rent a council house the boundary has a metal fence when renewing the metal fenci g we acquired a tree this tree has lots of birds onit that bits good but ots overgrown and we are tidying the garden can we crop the tree or is it protected either way it needs tidying up ?