Garden maintenance – your questions answered
As we are coming into spring, landlords maybe wondering where the responsibilities lie with regards to garden maintenance.
Top gardening questions
- Does garden need to be included in inventory?
- Do I need to provide garden tools?
- Do electrical garden tools need to be PAT tested?
- Is it the tenant’s responsibility to cut back an overgrown tree?
- Who pays for the garden bin?
- What can I do about tenant not maintaining the garden, or failing to clean up dog mess in the garden?
1. Does the garden need to be included in the inventory?
Yes – if any deposit claims relate to the condition of the garden, it is unlikely these would be successful if the landlord does not have evidence of the condition of the garden recorded on the inventory at the start and end of the tenancy. The inventory should describe the garden, its condition and ideally also include some photos of the garden. It should also include information about any garden boundaries (walls/fencing/hedges), accessories like garden benches and outbuildings (including their contents). For any tools that have been made available for use by the tenant, such as lawnmowers, the tenant should be provided with instructions on their use and maintenance. Some landlords will employ a professional gardener to take care of outdoor areas. If this is the case, this information should be included in the tenancy agreement, as well as details on what the tenant is required and not required to do.
2. Do I need to provide garden tools?
This is not mandatory, but tenants are more likely to maintain the garden if tools are supplied. In a furnished property tenants will usually expect garden tools to be provided, so if you are not going to supply them, make this very clear to prospective tenants before they commit to the property.
3. Do electrical garden tools need to be PAT tested?
Yes. All electrical equipment supplied by the landlord needs to be checked for electrical safety. This includes any outdoor equipment like mowers, strimmer’s and hedge cutters.
4. Is it the tenant’s responsibility to cut back an overgrown tree?
Tenants are only responsible for routine garden maintenance. Their responsibility would not extend to non-routine tasks which only need to be carried out every few years like cutting back an overgrown tree or painting wood preserver onto fences/decking.
5. Who pays for the garden bin?
Landlords do not have to provide this service to their tenants, but it might be worth doing so, to encourage them to maintain the garden properly. Some councils also recommend padlocking the bins to stop those who haven’t paid for the service from using them!
6. What can I do if the tenant does not maintain the garden or fails to clear up dog mess in the garden?
The first step would be to have a friendly chat with the tenants to draw their attention to the issue and remind them of their responsibilities under the terms of the tenancy agreement. Usually this is sufficient to resolve any issues. However, if the problem continues then speak to them again and follow this up in writing with a letter which sets out the tenancy terms in relation to the upkeep of the garden, explains what they need to do to comply with the tenancy terms and gives a clear timescale you expect the breach to be remedied within. If the breaches continue and are causing related problems (like complaints from neighbours or pest problems) you could try serving notice to end the tenancy. All evictions are subject to a reasonableness test at the tribunal so the problems would need to be significant to secure an eviction. Template breach letters can be found at Documents and factsheets – Scottish Association of Landlords (SAL)
