Three summer landlord disputes and how they were resolved
From damaged lawns to noise complaints, summer can spark a range of tenancy disputes. Here are three scenarios inspired by cases TDS commonly encounters, and how each one was resolved.
1. "The tenant's paddling pool killed my lawn! Can I make a claim?"
A landlord found a large dead patch on the lawn at check-out, in the exact shape and size of a paddling pool that had stood there most of the summer. The tenant argued it was simply wear from normal summer use; the landlord felt it was clear damage and wanted to claim from the deposit.
How it was resolved: This is a genuinely common grey area, and the answer comes down to evidence and reasonableness. A paddling pool sitting in one spot for a few weekends causing some yellowing is generally accepted as fair wear and tear; grass recovers, and tenants can't be expected to move garden furniture and toys around to protect every blade. But if the pool was left in place for most of the summer, killing the grass to bare soil, that's a stronger case for genuine damage, particularly if check-in photos show healthy grass and check-out photos show the dead patch clearly.
The claim succeeded, but only partially - the adjudicator took the view that some seasonal allowance was reasonable, but the extent and duration of the damage went beyond what could be considered normal use. The lesson for landlords: dated photos showing the lawn's condition through the tenancy, not just at the start and end, make a significant difference to how strong your case is.
2. "My council now charges for garden waste collection - am I liable, or is the tenant?"
A landlord whose council introduced a paid garden waste collection service midway through a tenancy found that nobody had renewed the subscription, and garden waste had been piling up at the property as a result. The tenant felt it wasn't their responsibility to pay for a service that was free when they moved in; the landlord felt day-to-day garden upkeep, including waste disposal, was part of the tenant's responsibility.
How it was resolved: Generally, where a tenancy agreement places garden maintenance on the tenant, that responsibility extends to disposing of garden waste appropriately - including paying for a council collection licence where one is required, in the same way a tenant would be expected to take waste to a tip themselves if no collection service existed. The key factor here was the tenancy agreement wording, which referred broadly to "maintaining the garden," which was considered to reasonably include responsible waste disposal.
That said, landlords should flag any changes to local council services to tenants directly, particularly mid-tenancy ones a tenant couldn't reasonably have known about. A short note or email about new charges avoids any ambiguity and protects you if the issue comes up again at check-out.
3. "My tenant keeps getting noise complaints from neighbours, what can I actually do?"
A landlord received several complaints from neighbours about late-night noise from a tenant's property over the summer months - open windows, garden gatherings running late into the evening. The landlord wasn't sure how much responsibility they bore, or what action they could realistically take without escalating things unnecessarily.
How it was resolved: A landlord's direct liability for tenant noise is limited, but ignoring repeated complaints isn't advisable either- both for neighbour relations and because persistent nuisance can in some circumstances, be treated as a tenancy breach. In this case, rather than jumping straight to formal notices, the landlord used the TDS Tenancy Redress Service, which offers mediation support for exactly this kind of in-tenancy dispute. A structured conversation between landlord and tenant, facilitated rather than confrontational, resolved the issue without it escalating into a deposit dispute or damaging the relationship.
It's a useful reminder that not every summer issue needs to wait until check-out to be addressed, and that early, well-documented intervention often produces a better outcome for everyone involved.
The common thread
Whether the issue was grass damage, waste disposal or noise complaints, the deciding factors were the same: clear evidence, well-drafted tenancy agreements and a documented record of communication. These cases highlight the importance of keeping accurate records and addressing concerns promptly.
Further support from TDS
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