Resolution case study – Garden care and rubbish removal

What happened?

The tenant said:

• the garden was very big and it was given lots of care and attention during the tenancy
• the bushes and shrubs were all very mature and well established
• there may have been some weeds left but it was summer when they moved out and they grow really quickly. It was winter when they moved in so there will obviously be some differences
• all the rubbish the landlord is claiming for was removed after the check-out inspection took place, with the landlord’s knowledge and permission

The landlord responded, saying:

• the garden was left overgrown and it has cost the landlord a considerable amount to put it back in a manageable condition
• the ivy, bushes and trees had grown so much, they became a big job to put right and this was not something a normal gardener would be able to do as they were so high
• there were also weeds in the driveway, on the patio and some of the borders
• one specific tree died in the garden. It was of great sentimental value to the landlord, had been there for many years and was not given the special care it needed
• rubbish was left in the garden that needed removing

What evidence was provided?

Tenancy agreement, check-in report, check-out report, emails, invoices

What was decided and why?

Rubbish removal

• The comparison of the check-in and check-out reports shows a lot of rubbish left that was not there at the start, which was the tenant’s responsibility to remove. But the tenant had provided an invoice from a contractor and an email directly from the landlord who agreed they could sort out the rubbish after moving out. There was no response to this point in the agent’s rebuttal, although the estimate from the maintenance contractor included a £95 cost for removing rubbish. On balance, the adjudicator found that the tenant had removed the rubbish and no award was made.

Plant requiring special care

• While the reports confirm the tree died during the tenancy, there is no evidence that the tenant was given any ‘special care’ instructions for maintaining the tree. In the absence of the landlord telling the agent or the tenant that this plant required special attention, other than routine maintenance, when any plant can die for many other reasons, the adjudicator was unable to find the tenant responsible for neglecting the tree or causing the tree to die, and made no award.

General garden maintenance

• The inventory carried out in January shows a large garden generally in good condition at the start. However, there were some weeds in the front borders and some ivy was prevalent in various areas. It is also clear from the descriptions and embedded photographs that the trees and shrubs were mature, and some were very large. The borders in the back garden and the patio paving and driveway in the front and rear were clear of weeds.

The check-out report, carried out in June, shows the garden was generally well looked after during the two-and-a-half-year tenancy although:

• the ivy had become prolific around the garden
• other climbing plants, shrubs and trees were left considerably overgrown
• the rear patio and front driveway were left with weeds growing in them
• some borders needed some minor maintenance

The tenant is responsible for taking reasonable care of the garden and returning it in the same condition as it was in at the start, allowing for seasonal growth. This includes work like mowing, trimming and weeding easily accessible areas:

• As some ivy was overgrown at the start of the tenancy, the tenant could only be found responsible in part for any additional maintenance
• The tenant was also found responsible for costs towards maintenance of shrubs, hedges, weed control and tidying borders

The tenant was not found responsible for:

• the trees, hedges and some shrubs that were well established and a considerable size at the start and well above head height at the end of the tenancy, as this is impractical and unreasonable to expect from a tenant

The adjudicator considered the £650 invoice which included removing rubbish (£95), pruning trees and plants which the tenant was not responsible for and maintenance that would put the garden in a better condition than when the tenant moved in, so the landlord was awarded £222.

Key takeaway points

• Maintaining a good relationship is important to make sure the tenancy runs smoothly
• Mid term inspections can highlight a problem before it becomes too big and requires more costly work
• If special care is needed to anything during the tenancy, inside as well as outside, then specific care instructions should be given to the tenant, in writing
• Be aware of tenant and landlord responsibilities when it comes to garden maintenance to manage all parties’ expectations, and have any necessary maintenance work carried out regularly if possible and before problems happen

For more information, mydepsosits insurance partner Total Landlord, also powered by Total Property, has created an ultimate guide to garden maintenance for landlords and tenants. You can also read Suzy’s article, Garden maintenance in a rented property – is your garden ready for winter? which focuses on what to do if your tenant is moving out during the autumn / winter months, and this case study on garden maintenance.

Some other useful links:

https://www.nrla.org.uk/news/landlords-essential-guide-to-garden-maintenance

https://www.propertyinvestmentproject.co.uk/blog/garden-maintenance-rental-property/