Resolution case study - Garden damage

What happened?

The tenant said:

• they lived in the property for two years and everything was left in really good condition
• they bought their two children a trampoline for the garden when they moved in, and it is normal for the grass to decline underneath but it was not dead
• the agent came and had a look at the property before they moved out and said everything looked amazing and the landlord would be very happy
• they were really surprised to receive a call saying that the landlord was claiming costs for replacing the grass under the trampoline, in line with the check-out report description and photograph

The landlord responded, saying:

• the tenants looked after the property really well and were model tenants for two years
• when they moved out and the check-out inspection was completed, the only area of concern was the grass under where the trampoline had stood
• the landlord is only looking for costs to replace this area and not the whole lawn

What evidence was provided?

Tenancy agreement, check-in report, mid-term inspection reports, check-out report, invoice

What was decided and why?

• the check-in showed the grass was in excellent condition when the tenants moved in
• in the first of the mid-term inspection reports, there was a comment on the trampoline being in the garden and where it was situated
• the check-out report showed a circular brown patch
• as the deterioration amounted to more than wear and tear the landlord was entitled to compensation towards making good
• the invoice provided was for laying new turf on a four square metre patch of lawn which was the approximate size of the brown patch
• this was reasonable and the full amount was awarded to the landlord

Key takeaway points

• tenants have a duty to return the property in the same condition as when they moved in, allowing for some seasonal differences when relating to gardens
• while maintaining a good relationship with your tenants is key, managing their expectations when the tenancy is ending is also important
• a landlord can propose settlements wherever there is deterioration, as long as reasonable wear and tear is also considered and the evidence supports it
• make sure that any proposed settlement is relative to the extent of damage caused and not more, to avoid betterment, and that invoices/estimates break down the work being carried out

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.