The landlord's essential guide to garden maintenance

Record-breaking heatwaves and prolonged dry weather can create additional challenges for landlords and tenants when it comes to garden maintenance. During periods of extreme heat and drought, gardens can deteriorate despite reasonable care, while water-use restrictions can also limit what tenants are legally able to do.

This year, drought conditions and temporary hosepipe bans have affected large parts of the UK, with a number of water companies introducing restrictions affecting millions of households. Restrictions vary by region and water company and may remain in place for an extended period.

A hosepipe ban, also known as a Temporary Use Ban (TUB), can restrict the use of a mains-connected hosepipe for activities such as:

• watering gardens, plants and lawns
• washing cars, vans and trailers
• cleaning patios, paths, walls and windows
• filling or topping up paddling pools, swimming pools and ornamental ponds.

The precise restrictions and exemptions depend on the relevant water company, so landlords and tenants should always check the current local rules.

Importantly, a tenant should not be expected to breach a hosepipe ban in order to comply with a garden maintenance clause in their tenancy agreement. Where watering is permitted, tenants should use reasonable alternatives, such as a watering can or bucket. Collected rainwater from a water butt may also be used, where appropriate, and other permitted sources of water may be available depending on the local restrictions.

Start with a garden that is easy to maintain

The condition and design of a garden can have a significant impact on how easy it is for a tenant to look after.

When preparing a property for letting, consider whether the garden requires a level of maintenance that is realistic for a tenant. A simple, low-maintenance garden may be preferable to one containing extensive borders, fast-growing plants or features requiring specialist care.

Consider:

• choosing slow-growing and drought-tolerant plants
• keeping lawns and planted areas manageable
• using hard landscaping where appropriate
• avoiding unnecessary features that require specialist maintenance
• keeping trees, large shrubs and climbing plants under control.

A well-designed garden can still be attractive without creating unrealistic maintenance expectations.

Decide who is responsible before the tenancy starts

One of the easiest ways to prevent a dispute is to agree garden responsibilities before the tenant moves in.

The tenancy agreement should clearly explain which areas the tenant is expected to maintain and which remain the landlord's responsibility.

Routine tasks might include mowing the lawn, removing weeds, keeping patios and paths reasonably tidy and disposing of garden waste. Larger or specialist tasks, such as maintaining mature trees or dealing with substantial hedges, may be more appropriately handled by the landlord.

Don't rely on vague wording such as "the tenant is responsible for the garden". Be specific about what this means for the particular property.

The agreement should also make clear that tenants must obtain the landlord's permission before making changes to the garden, including removing plants, changing borders or carrying out landscaping.

Make the garden part of your check-in and check-out process

A garden should be treated with the same level of care as the rest of the property when preparing an inventory. If a disagreement arises at the end of the tenancy, the starting condition of the garden can be just as important as the condition of the kitchen, bathroom or living areas. Check-in and check-out reports are often key pieces of evidence in a deposit dispute, allowing the condition of the garden at the end of the tenancy to be compared with its condition at the start.

Rather than simply recording that the garden is "tidy" or "in good condition", provide enough detail for someone reviewing the evidence later to understand exactly what the tenant inherited.

Record the condition of the lawn, borders, hedges, planting, paths, patios, fencing, gates, sheds and any other garden features. Clear, dated photographs should support the written description.

This is particularly important when considering seasonal growth. A garden can naturally look very different at the end of a tenancy, particularly where the tenancy has run from autumn or winter into spring and summer. Good records will help distinguish normal seasonal changes from deterioration that may be the tenant's responsibility.

Five ways to strengthen your garden evidence

• Record the starting point: Describe each significant area of the garden and note any existing weeds, patchy grass, overgrown areas, damaged fencing or other issues. This prevents pre-existing problems being incorrectly attributed to the tenant
• Use photographs effectively: Take clear, dated images covering the whole garden, including individual areas where necessary. Repeating the same viewpoints at check-out provides a much stronger comparison
• Give the tenant an opportunity to comment: Where possible, have the tenant involved in the check-in and check-out process. If they cannot attend, make sure they receive the reports and have a reasonable opportunity to raise any discrepancies
• Allow for the time of year: A garden can look dramatically different depending on when the tenancy starts and ends. Spring and summer growth, for example, should not automatically be interpreted as a failure to maintain the garden
• Separate maintenance from wear and tear: Garden features such as gates, fencing, paving and sheds can deteriorate through ordinary use and age. Consider whether an issue represents tenant damage, reasonable wear and tear, or simply the natural ageing of the property

Where does garden maintenance responsibility sit?

Garden maintenance works best when both parties know exactly what they are expected to do. While tenants will often deal with routine upkeep, landlords should remain responsible for work that is unreasonable to expect a tenant to undertake or that relates to the condition and safety of the property.

The tenancy agreement should set out these responsibilities clearly, rather than leaving either party to make assumptions.

Routine garden care for tenants

Where the tenancy agreement makes the tenant responsible for garden maintenance, they would generally be expected to keep the garden reasonably tidy and prevent it from becoming excessively overgrown.

This might include:

• mowing the lawn at appropriate intervals
• removing weeds from borders, paths and patios
• looking after low-growing plants and shrubs
• keeping the garden free from litter and rubbish
• disposing of garden waste appropriately
• carrying out reasonable watering when conditions allow.

The standard expected should be considered alongside the condition of the garden when the tenant moved in. A tenant should not normally be expected to transform a neglected garden into a landscaped one or return it in a substantially better condition than at the start of the tenancy.

How can landlords reduce the risk of garden disputes?

Good garden management is largely about prevention. A few straightforward measures can make a significant difference:

• Inspect the garden periodically: Check its condition alongside the rest of the property and raise concerns early rather than waiting until the tenancy ends
• Communicate expectations: Remind tenants of their responsibilities, particularly where the property has extensive outdoor space
• Keep records: Retain relevant emails, photographs and inspection notes, particularly where a problem has been reported
• Take out landlord insurance: Landlords should also consider having an adequate buildings and landlord insurance policy in place that provides cover for accidental and malicious damage caused by tenants and their guests. Total Landlord’s Premier cover, for example, includes cover for damage to landscaped gardens caused by emergency services, as well as damage to landlords’ gardening equipment kept in outbuildings, provided the equipment is securely locked away
• Deal with landlord responsibilities promptly: Repairs and specialist maintenance should not be allowed to deteriorate simply because responsibility for routine gardening sits with the tenant
• Keep costs proportionate: If work is required at the end of the tenancy, obtain a clear, itemised quotation or invoice showing exactly what needs to be done
• Consider the weather: Take account of seasonal growth, periods of extreme heat, drought and any applicable water restrictions before deciding whether deterioration amounts to poor maintenance

The aim should not be to achieve a completely unchanged garden. Gardens are living spaces and will naturally develop over the course of a tenancy. The focus should instead be on whether the tenant has taken reasonable care and complied with the responsibilities agreed at the beginning of the tenancy.

In summary

Garden maintenance can be a common source of disagreement between landlords and tenants, but many issues can be avoided by setting clear expectations from the beginning of the tenancy.

Landlords should make sure the garden is in a reasonable condition before letting the property, clearly set out maintenance responsibilities in the tenancy agreement and include the garden in the inventory and check-in report. Regular inspections and good communication can also help identify and resolve problems before they escalate.

Tenants should understand what they are responsible for, carry out reasonable routine maintenance and report any problems to their landlord promptly. They should also seek permission before making changes to the garden and follow any local water-use restrictions during periods of drought or extreme weather.

When assessing the garden at the end of a tenancy, it is important to consider its condition at check-in, normal seasonal growth, reasonable wear and tear and the impact of factors such as heatwaves, drought and hosepipe bans. A tenant should not be expected to return the garden in a better condition than it was at the start or to breach water restrictions to meet their maintenance obligations.

Landlords should also consider protecting their property with appropriate landlord insurance. NRLA members can enjoy an exclusive 15% discount when they take out a policy with Total Landlord, helping landlords access cover while making a potential saving on their insurance costs.