TDS poll highlights confusion surrounding responsibilities of garden maintenance within the PRS

Spring has sprung and it's time to turn your attention towards better weather, lighter evenings, and hope for a warmer season. This is the time of year when many landlords start to make their gardens more attractive in order to attract potential tenants, or spruce up the outdoors after the long winter months.

A recent Tenancy Deposit Scheme (TDS) poll homed in on the responsibilities of garden maintenance. With over 2,000 property agents and landlords responding, we revealed common complaints and causes of garden disputes. 

As the garden is consistently named as one of the top five most common causes of deposit disputes, we wanted to discover what we could advise to help reduce the cause of complaint, and make life easier for landlords and tenants.

Landlords can download the latest guide Garden Maintenance for Landlords, produced in partnership with NRLA to read about outside space upkeep, common Q&As and how adjudicators would deal with typical garden disputes.

TDS Asked: Who is Responsible for Maintaining the Garden in a Rental Property?

With 75% of respondents believing that garden maintenance is solely their tenant’s responsibility, we asked whether the tenant is given any guidance on how to maintain the outside space? 46% of those surveyed do not provide detail in regards to what is required from the tenants, and 4 out of 5 rely on the tenancy agreement to cover the maintenance of the garden. It is important to ensure you have a garden clause within the agreement that is detailed enough for your individual property requirements.

What are the Common Causes of Garden Disputes?

The TDS poll revealed the most common areas causing landlords to raise a deposit dispute were:

• Three-quarters of garden damage was listed as allowing weeds to grow,
• Damage to fencing was responsible for 41% of complaints,
• Overgrown lawns affected 68% of the respondents,
• 65% found that their tenant did not trim back trees or bushes. 

In total, 27% of landlords who responded to the poll raised a deposit deduction claim for garden damage.

How many Landlords perform mid-tenancy checks, and include the garden?

While most respondents confirmed they review all areas before a new tenancy check-in, 20% said that they don't examine every spot outdoors during a mid-tenancy inspection.

When the garage or garden shed is overlooked mid-tenancy, you might find missed opportunities to inspect damage or issues before they develop.

Advice for Landlords

Unfortunately, if there are no clear guidelines stating that the tenant should be responsible for maintaining the garden - and exactly what they are responsible for - this can cause confusion between all parties.  

The TDS gardens poll emphasises how important it is for both tenants and property professionals to be aware of who is responsible for what, when it comes to garden maintenance.

Clearly detailing this in a gardens clause within your tenancy agreement, covering all outside space at inventory, check-in and check-out, offering guidance on how to look after the area,  and communicating during the tenancy will help to avoid garden deposit disputes.

A Guide to Garden Maintenance for Landlords: Available to Download

TDS, in partnership with NRLA, has created a Garden Maintenance Guide for Landlords, where we reveal who is responsible for garden maintenance, how to deal with common garden complaints and how to avoid a deposit dispute. You can download the guide here.

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