Tenants do not always look for an overly large garden as the upkeep can be too onerous and, unless they know that they will be there for several years, any investment in plants etc might be wasted.

For landlords gardens can be a selling point, attracting families and longer term tenants but they also need a level of upkeep. If not maintained, gardens can affect a property’s appeal and can be time consuming and expensive to put right.

If your rented property has a garden you might want to consider the following:

Choice of tenant – a garden is likely to be better maintained by a longer-term tenant, maybe a family.

Low maintenance - if the garden does not require much effort to maintain, it will attract more tenants. Slow growing, drought tolerant flowering shrubs or perennials combined with hard landscaping may be desirable; ponds are probably not, especially for families with small children.

Outsourcing the maintenance – if you have a number of properties with gardens, you may want to consider taking responsibility yourself by employing a gardener to take care of the upkeep. If you have a number of properties this could be a cost-effective way of dealing with them.

Gardening equipment – landlords are not legally responsible for providing gardening tools and that is a decision each individual landlord should make themselves taking into account the circumstances.

If you do decide to provide it, any equipment should be in a good state of repair and power tools, such as lawnmowers, must be compliant with current health and safety standards, including RCD protection. Tools should be stored in a locked outbuilding or shed.

Get it right from the beginning

Under the Landlord and Tenant Act 1985 the landlord has a responsibility to keep the structure of the property in good repair. This will include fences, drains, guttering etc.

Basic garden maintenance will depend on what is detailed in the tenancy agreement so make sure it covers the expectations with the garden maintenance, and also include it in your inventory, check-in and check-out reports.

1. tenancy agreement – make sure it is clear what the tenant is responsible for (e.g. weeding, mowing the lawn, watering plants etc) and what the landlord will undertake (e.g. maintaining trees, hedges). Tenancy agreements are often unclear and this can increase the likelihood of a dispute.  A good tenancy agreement garden maintenance clause will:

·       define that the garden should be left at the end of the tenancy in the same condition as at the start (allowing for seasonal changes)

·       specify how the borders, lawn and paved areas should be maintained

·       make it clear that the tenant cannot make any alterations to the garden or remove any plants without the landlord’s consent

2. inventory, check-in and check-out reports

As with the inside of the property, take an inventory at the start of the tenancy which details the exact condition of each area.

Try to ensure sure the tenant(s) is present at the check-in and check-out inspections, wherever possible. Include clear, date-stamped colour photographs of the different areas of the garden. Take into account seasonal growth and that plants are perishable and do just die.

3. regular inspections and good communications

Ensure the garden is included in the inspections – research shows that around 20% of landlords don’t inspect the outdoor areas at all during the tenancy inspections. This can inevitably lead to disputes.

Whilst garden maintenance is a common cause of complaint between landlords and their tenants, a few simple actions can reduce any potential confusion.