In the first part of this series, we talk gardens.

The landlord / tenant relationship is a mutually beneficial one. However, the end of the tenancy is the time when that relationship can fall apart.

It is our job to make sure that both parties feel they have come out of the negotiation feeling that they have been treated fairly.

There are two elements that need to be in place for us to provide both parties with a win win.

A. The first line is the inventory

This must have dated photos (a couple of days before the start of the tenancy)  and a true description of the property which you have proof your tenant has agreed to at the start of the tenancy.

B. The second is the tenancy agreement

This must have clear clauses which detail what is expected from both parties.

If you don’t have either of these, forget trying to negotiate. It doesn’t matter if you feel that you should have something from the deposit without proof or clauses to show that everyone understood what was expected, you have no chance.

Over the last 18 years we have had a great deal of experience in helping both landlord and tenant come to fair conclusions.

As summer is here, NRLA have recently given us the outcomes of case studies of negotiations that have occurred due to disputes with gardens.

Thankfully, these don’t come up that often but when they do, they can be very complicated to negotiate over. It’s clear that the inventory and tenancy agreement are always going to be the first elements that any arbitration will look at.

The main point is to be open as to what is expected at the beginning of the tenancy. Ultimately, on vacating the tenant is responsible for leaving the garden in the same condition as when the tenancy began – allowing for seasonal differences. However, what we have found over the years is that a tenant’s perspective on what constitutes ‘seasonal growth’ can often vary from the landlord’s view, especially when a contract clause is unclear.

If you are handing over what I would term as a ‘gardeners garden’ we will always discuss with you possible outcomes. As experience has shown us that your tenants’ garden skills may not be as good as yours, or your parents. Therefore, the only way that you can expect this type of garden to come back to you in the same condition as you handed over you need to provide a gardener.

Having a crystal-clear garden maintenance clause in the tenancy agreement is essential and will make it easier to negotiate with the tenant.

Overgrown lawn and dead plants

The outcome on any negotiations will depend on the season. For example if there has been a hose pipe ban, we will not get far trying to negotiate for a lawn that is brown during summer. What you rely on during a negotiation is a clear garden maintenance clause in the tenancy agreement and photographic evidence showing before and after.

We usually pick up potential issues during inspections and discuss with your tenant as to what is expected. If nothing has changed by the end of the tenancy, we have details of conversations and agreements which if this does go to dispute will go in your favour.

Garden tools

As a landlord, you have no legal responsibility to provide gardening tool, but you may feel this will encourage tenants to maintain the garden…

However we will always advise you not to do this as any equipment you supply should be in a good state of repair and stored in a locked outbuilding/shed. Power tools such as lawnmowers must be compliant with current health and safety standards and any socket that may be used to plug in a lawnmower, hedge trimmer or other power tool should have RCD protection.

Paddling pools and trampolines

When these items are left in one place for too long they can quickly kill any grass underneath them. We will always ask your tenant to move them around regularly to avoid this.

New structures and changes in the landscape

If new structures have been erected (sheds/ greenhouses) usually you would have been asked for this during the tenancy and therefore a decision made as to what you want to happen at the end of the tenancy. There would also be a written agreement in place so there is no confusion as to what the expectation is. However, sometimes this agreement doesn’t happened and it will be highlighted by the final inventory check (photographic proof will be needed ) then you have to decide what to do at  the end of the tenancy

Summary

Garden issues are rare but to get to a good negotiation you need the following.

Good communications

The landlord tenant relationship is a mutually beneficial one. Therefore it is important that anything you want us to relay to your tenant, we know about before they move in and is in writing.

Tenancy agreement

The tenancy agreement we use sets out the tenant’s responsibilities for maintaining external areas such as front and back gardens – lawns, beds, shrubs, driveways (keep them weed free) etc.

It also details the need to know about reporting any problem, keeping noise to a minimum, what expectations with regards BBQ/fire safety etc.

Check-in/check-out inventory

Dependant on the service you choose us to provide, we will have detailed reports with supporting photographic and video evidence that highlights the standard of maintenance required.

Regular, scheduled inspections

Again dependant on the service you choose, the inspections we carry out include photographic evidence of what we see during our visit. If needed we can remind tenants of their responsibilities, which will be detailed in our notes and available if required at the end of the tenancy.