Jump to content
House Price Crash Forum
Sign in to follow this  
southmartin

Garden Responsibilities

Recommended Posts

Quick question which must have been asked before - but i'm not finding an answer using search

Is a renter responsible for keeping the garden in a good order? Is it 100% their responsibility, or are there standard rules?

I read somewhere that the renter is responsible for keeping it neat and tidy, but the landlord must maintain 'anything over shoulder height' e.g. they have to cut hedges, trees etc

Can anyone verify this - seems a bit harsh to expect a renter to have to lop your trees down each year!

Share this post


Link to post
Share on other sites

Quick question which must have been asked before - but i'm not finding an answer using search

Is a renter responsible for keeping the garden in a good order? Is it 100% their responsibility, or are there standard rules?

I read somewhere that the renter is responsible for keeping it neat and tidy, but the landlord must maintain 'anything over shoulder height' e.g. they have to cut hedges, trees etc

Can anyone verify this - seems a bit harsh to expect a renter to have to lop your trees down each year!

If you need to go climbing ladders and using chain saws I would suggest it is the landlords responsibility. If it is hedge trimming, keeping crass cut etc. I'd probably do it. Quite often it is the landlords responsibility to provide equipment to get these tasks done though - or at least that has been my view. Have a chat with the landlord about what they expect and you are prepared to do.

Share this post


Link to post
Share on other sites

From a liability perspective, it is the occupier who is deemed to be controlling the vegetation, i.e. if a tree caused a neighbour's property to subside, the neighbour could sue the occupier, not the owner.

You can write what ever you want into a tenancy agreement though re maintenance.

Share this post


Link to post
Share on other sites

It depends on what the tenancy agreement says.

If it says nothing, then the tenant's obligations cannot extend beyond what is implied by the tenant's obligation to use the property in a tenantlike manner. The classic definition of what that involves was given by Lord Denning:

The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, when necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do the little jobs about the place which a reasonable tenant would do. In addition, he must, of course, not damage the house, wilfully or negligently; and he must see that his family and guests do not damage it; and if they do, he must repair it. But apart from such things, if the house falls into disrepair through fair wear and tear or lapse of time or for any reason not caused by him, then the tenant is not liable to repair it.

No mention of gardens, but I think it can be taken that a tenant can be expected to carry out routine tasks such as mowing any lawn, keeping weeds under reasonable control, trimming hedges and otherwise preventing the garden from becoming a jungle. The obligation would not extend to keeping the garden stocked with flowers, replacing plants which die naturally or pruning trees.

Since anything to do with the upkeep of gardens is not regulated by any statute, a landlord may impose what obligations he likes on a tenant with respect to maintaining a garden. Accordingly, a tenant must comply with any obligation imposed on him by the tenancy agreement. Such obligations are usually phrased pretty generally with the aim of getting the garden back in reasonable condition. If the landlord requires the tenant to do something specific not included in routine maintenance he needs to say so. Major operations such as tree pruning or felling are not going to be included in the sort of obligation generally seen.

It is believed by many that if a landlord requires a tenant to maintain a garden he needs to provide the necessary tools. I am not aware of any authority which supports that contention.

A landlord has no obligations in respect of a garden unless he specifically takes them on. There may be an exception in respect of something potentially dangerous like a diseased or old tree, but that is moving into areas of the law on which I decline to express an opinion.

Share this post


Link to post
Share on other sites

I seen to have a habit of leaving gardens in mmuch better condition than they were when I moved in.

Current place had a moss/weed covered lawn, which is useless for sitting on as it retains moisture, so have turned that almost back to complete grass. The hedges were pretty unruly too, now cut back and tidied up.

Add in a jetwashing of the patio and the place looks much better than before.

Biggest issue now is sweeping up dead leaves from the neighbours' trees which seem to be neverending at present. I'm not going to let the new grass get swamped with it.

Share this post


Link to post
Share on other sites

I seen to have a habit of leaving gardens in mmuch better condition than they were when I moved in.

Current place had a moss/weed covered lawn, which is useless for sitting on as it retains moisture, so have turned that almost back to complete grass. The hedges were pretty unruly too, now cut back and tidied up.

Add in a jetwashing of the patio and the place looks much better than before.

Biggest issue now is sweeping up dead leaves from the neighbours' trees which seem to be neverending at present. I'm not going to let the new grass get swamped with it.

Same story here. I've probably inadvertantly caused the property price to rise by turning a bramble covered jungle into a presentable garden. Although I do rent from someone I know, so don't mind putting in the effort so much.

A friend of mine is renting a house and a gardener comes round which is paid for by the landlord. Seems a sensible arrangement.

Share this post


Link to post
Share on other sites

I am spending a ridiculous amount of time working in the garden...I am beginning to resent it and wonder to what extend the landlord should be paying me to look after his property.  It is hard work.  If we have a glut of supply and more accommodation than potential occupants then landlords would have to pay people to live in their houses to look after them...imagine that.

Share this post


Link to post
Share on other sites
6 hours ago, Wayward said:

I am spending a ridiculous amount of time working in the garden...I am beginning to resent it and wonder to what extend the landlord should be paying me to look after his property.  It is hard work.  If we have a glut of supply and more accommodation than potential occupants then landlords would have to pay people to live in their houses to look after them...imagine that.

What's taking so much time?

Share this post


Link to post
Share on other sites

Huge hedge very high. Cutting it is major undertaking and then getting the off cuts to the tip. Lawns front  and back. Many shrubs and bushes, roses to prune. It is a nice garden and previous owner was keen gardener but it takes a lot of maintenance.  When I moved in there was a shed full of tools..including power tools.I think an old couple have died or gone to home and son rents it out....he couldn't even be bothered to look in the shed.

I think the garden and work involved would put a lot of prospective tenants off.

Share this post


Link to post
Share on other sites
3 hours ago, Dorkins said:

What's taking so much time?

Hi..See above

Share this post


Link to post
Share on other sites
On 31/05/2018 at 22:23, Wayward said:

Huge hedge very high. Cutting it is major undertaking and then getting the off cuts to the tip. Lawns front  and back. Many shrubs and bushes, roses to prune. It is a nice garden and previous owner was keen gardener but it takes a lot of maintenance.  When I moved in there was a shed full of tools..including power tools.I think an old couple have died or gone to home and son rents it out....he couldn't even be bothered to look in the shed.

I think the garden and work involved would put a lot of prospective tenants off.

What's the landlord like? Do you think he'd be willing to split the cost of a gardener coming once a month in the summer months, you just keep on top of the grass? The professionals can get a lot done very quickly.

Share this post


Link to post
Share on other sites
14 hours ago, Dorkins said:

What's the landlord like? Do you think he'd be willing to split the cost of a gardener coming once a month in the summer months, you just keep on top of the grass? The professionals can get a lot done very quickly.

Tight I think on spending money . But The rent is good value and hasn't ever been increased in 3 yrs I have been here ...I don't like to bother them and remind them I exist...danger is they will ask for more rent. Nice day today I expect I will spend half of it working in garden again. 

Share this post


Link to post
Share on other sites

Here's an interesting one I'd be grateful for some thoughts on.. LL asked us to mow the lawn (which I'm not against in principal), however we didn't have a mower. A week or so later a new, boxed item arrives in the middle of our kitchen floor.

All very nice, except there's absolutely nowhere to store it - no shed, outbuilding, garage, sheltered area.. so if we used it the choices we had were either to the mucky, grass-covered mower in our small and already not-well-arranged kitchen (I'm sure this is where the LL keeps his garden tools in his predictably enormous house),  leave it outside / uncovered in the rain, or buy a shed / outdoor box to store it in. 

In the absence of any tolerable solution the unopened mower is still sat in the spare room. The LL has given me the number of a "friend" next door who has a garage, which we can apparently keep it in. I'm not keen, as I suspect said "friend" will be reluctant to give me / pay for another key; meaning at the age of 37 I have to go round his house and ask him nicely every time I need to cut "my" f*cking lawn.

Does anyone know where we might stand generally? I'm not averse to mowing the lawn (it looks like a jungle now and the mrs is getting tetchy about it, although I quite like it tbh), however I refuse to pay for any storage facilities nor stoop to having to "ask a grown up" to make this happen.

Tbh while noise from the mrs will inevitably get to level I can no longer tolerate, I'm tempted to let it run rampant until the end of the tenency (in a year's time), take a strimmer to the lawn to remove the bulk of it, run the mower over it to tidy it up then leave it caked in grass in the middle of the kitchen when we leave..

Edited by ftb_fml

Share this post


Link to post
Share on other sites

IMO what's reasonable in that case (i.e. entirely my opinion, not necessarily what the ruling would be if a dispute got taken that far) is that the landlord should at the least provide the equipment and a suitable place to store it on the property, or do the job himself / get someone in to do it. Landlord should stick a shed in somewhere.

Share this post


Link to post
Share on other sites

Not sure its so bad going around to the neighbour to collect the mower?  We suffer worse indignities at the hands of the possessing classes.

Share this post


Link to post
Share on other sites

Should have checked the lease and see who is responsible for the lawn before signing it.

But if you owned the property what would you do them, buy a cover for it and leave it outside?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   224 members have voted

    1. 1. Which of the Prime Minister's options would you choose?


      • Leave with the negotiated deal
      • Remain
      • Leave with no deal

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.