When Renting Is It The Tenants Or Landlords Responsibility To Keep The Garden Tidy?

Maintaining a garden is an integral part of property upkeep, and when it comes to rental properties, the question of who holds responsibility for garden maintenance can often become a point of contention between tenants and landlords. While the answer frequently lies in the tenancy agreement, a deeper understanding of common expectations, legal obligations, and best practices can help prevent disputes and maintain a good landlord-tenant relationship.

This guide explores the issue from all angles — legal, practical, and procedural — to clarify who should do what and when.

The Legal Framework: Understanding the Basics

Under UK tenancy law, the responsibility for maintaining different parts of a rental property is generally split between the landlord and the tenant. Section 11 of the Landlord and Tenant Act 1985 states that landlords must keep the structure and exterior of the property in repair. This includes fences and walls but does not explicitly mention gardens or landscaping.

Therefore, unless specified otherwise in the tenancy agreement, the obligation to maintain the appearance and cleanliness of the garden often falls to the tenant under the concept of “tenant-like use” as defined in case law. This legal precedent asserts that a tenant should take reasonable care of the premises, which extends to keeping the garden tidy.

Tenancy Agreement: Your First Point of Reference

The tenancy agreement is the binding document that governs responsibilities during the tenancy. It should be read carefully before signing, and any clauses related to garden upkeep should be clearly understood.

Common clauses might include:

• General maintenance: “The tenant shall keep the garden in a neat and tidy condition.”
• Prohibitions: “The tenant shall not remove or cut down any trees or shrubs.”
• Permission required: “Any structural changes to the garden must be approved in writing by the landlord.”

If the agreement is ambiguous or silent on garden responsibilities, the expectation will typically default to the tenant maintaining the garden in a reasonably tidy state, and the landlord addressing structural or safety-related elements.

Typical Tenant Responsibilities

Tenants are usually responsible for routine and aesthetic upkeep, including:

• Lawn care: Mowing the lawn at reasonable intervals during the growing season.
• Weeding: Keeping flower beds, paving, and paths free from weeds.
• Trimming low shrubs and bushes: As long as it doesn’t require ladders or specialist equipment.
• Clearing debris: Removing fallen leaves, branches, or garden rubbish.
• Preventing overgrowth: Avoiding the garden becoming overgrown to the point of affecting neighbours or causing damage.

Important Note: Tenants are not responsible for specialist gardening tasks or any work that involves climbing ladders, handling power tools (unless willingly agreed), or removing large or protected trees.

For a more in-depth look at tenant and landlord responsibilities for looking after a garden, take a look at our guide which explains who is responsible for each aspect of the outdoor space.

Landlord Responsibilities

Landlords are responsible for the infrastructure and safety of the garden. This may include:

• Tree management: Pruning or removing tall or dangerous trees.
• Fence and gate repair: Fixing broken or unsafe garden structures.
• Paving and walls: Maintaining safe walkways, patios, and retaining walls.
• Provision of bins or compost areas: Ensuring facilities are in place for disposing of garden waste.

If the garden includes irrigation systems, outdoor lighting, or built-in garden features (e.g., ponds, decking), the landlord is typically expected to ensure these are in safe working condition unless the tenant agrees otherwise.

Tools, Equipment, and Materials

There is no legal requirement for landlords to provide gardening tools, but doing so can encourage tenants to meet their responsibilities. Tools that are typically useful:

• Lawnmower
• Rake
• Hoe
• Shears or hedge trimmers
• Garden hose

If a landlord expects a certain standard of upkeep (e.g., a well-manicured lawn or neatly trimmed hedges), it is reasonable to provide the equipment necessary to achieve that standard, or alternatively, to budget for hiring a gardener.

Garden Alterations and Improvements

Tenants often wish to personalise outdoor spaces, particularly in long-term rentals. However, any modifications to the garden must be agreed upon in writing with the landlord. This includes:

• Adding or removing flower beds
• Planting trees or large shrubs
• Installing decking or garden furniture
• Creating vegetable gardens
• Erecting sheds or greenhouses

Unauthorised alterations could be deemed damage or result in deposit deductions at the end of the tenancy.

Seasonal Considerations

Garden maintenance isn't a year-round constant. Expectations can vary with the seasons:

• Spring/Summer: Mowing, weeding, watering, planting.
• Autumn: Raking leaves, trimming, general clean-up.
• Winter: Minimal upkeep, but ensure pathways are clear and safe.

Tenants should not be expected to maintain the garden during severe weather or when it would be unsafe to do so. Landlords should be mindful of weather-related damage (e.g., storm-damaged trees or flooding).

Documentation and Inspections

Inventory Reports

The condition of the garden should be documented as thoroughly as the interior of the property. A detailed check-in inventory should include:

• Photos of the lawn, flower beds, shrubs, and any furniture or fixtures.
• Notes on the condition of fencing, sheds, and patio areas.
• A list of tools provided (if any).

At the end of the tenancy, a check-out report should compare the condition to the check-in report, allowing for natural wear and seasonal changes.

Mid-Tenancy Inspections

Landlords may conduct inspections during the tenancy (with appropriate notice), but they should avoid overly strict or unreasonable expectations. Garden neglect should be addressed promptly through communication, not punitive action.

Deposit Disputes Related to Gardens

Deposit disputes involving gardens are more common than you might expect. Common causes include:

• Overgrown grass and weeds
• Dead plants or shrubs
• Accumulated rubbish or animal waste
• Damage to garden furniture or fixtures

To avoid disputes:

• Refer to inventory documentation
• Keep receipts for any gardening services used
• Communicate in writing about any challenges faced

Tenants can challenge deductions through a tenancy deposit protection (TDP) scheme, such as the Tenancy Deposit Scheme (TDS), if they believe deductions are unfair.

Best Practices for Avoiding Disputes

For Tenants:

• Read your tenancy agreement carefully
• Ask for clarification on expectations at the start
• Maintain the garden to a reasonable standard
• Keep records of any maintenance you do
• Communicate in writing if problems arise

For Landlords:

• Be clear in the tenancy agreement
• Provide basic tools or offer gardening support
• Schedule seasonal inspections and give fair notice
• Recognise that tenants may lack time or skills for extensive gardening

In Summary

Garden maintenance in rental properties doesn’t have to be a battleground. With clear agreements, mutual respect, and reasonable expectations, both landlords and tenants can enjoy a pleasant outdoor space with minimal conflict.

Responsibility depends on several factors: what the tenancy agreement says, what is reasonable under common law, and what has been communicated between the parties. In general, tenants are expected to keep the garden tidy, while landlords should handle any structural or hazardous issues.

When in doubt, communication and documentation are your strongest tools.