With the appearance of the sun this week and the gentle hum of lawnmowers, it’s worth us taking a look at gardens in rented properties and the rights and responsibilities of both the tenant and the landlord.
During lockdown gardens became a major commodity and agents up and down the country saw a huge demand for properties with access to outside space. Outside space could be a yard which needs swept and occasionally washed or it could be ½ an acre with trees, bushes and a fish pond.
The Scottish Governments’ Model Tenancy Agreement states in Clause 30:
The Tenant will maintain the garden in a reasonable manner.
So what does this mean and does “reasonable manner” mean the same to the tenant as it does to the landlord? What happens when each have a different interpretation of reasonable?
Landlords
- Consider making gardens easy maintenance. Reduce the amount of planting and keep tenants liabilities to grass -cutting, light weeding and tidying.
- Make sure you discuss the garden with prospective tenants at the viewing stage.
- Expand on clause 30 in the Tenancy Agreement and detail the tenants responsibities.
- Ensure the garden is well documented in the Inventory with date stamped photos and a written description of the condition.
- Make sure fences, walls, gates and boundary hedging are in good condition. These remain your responsibility throughout the tenancy.
Tenants:
- You have an obligation to maintain the garden throughout the term of the tenancy.
- Consider carefully if you have the time and the skills to maintain the garden prior to committing to the tenancy.
- Ask the landlord what tools and equipment they will provide for garden maintenance and carefully budget for any others you may need. Also ask where these can be stored. If it’s a garage or shed, make sure it is safe and secure.
- Make sure you understand how to use any equipment provided. You may need to ask the landlord to provide guidance and/or a manual.
- Make sure any equipment provided is safe and in good working order. If it’s electrical it should appear on the Portable Appliance Test Certificate.
Q: Do I need to provide my tenant with gardening tools and equipment?
A: The short answer to this is “no” but you should always discuss with the tenants at the viewing stage what will be provided as they will need to factor this into their budget.
If you choose to provide garden equipment:
- All items must be in good working condition and safe to use.
- Any electrical equipment must be tested and appear on the Portable Appliance Test (PAT) certificate.
- You should ensure the tenant understands how to use the items and provide instruction manuals for any powered or electrical tools.
- You should provide a safe and secure place for the equipment to be stored and the tenant should be aware of where this is.
- You are responsible for the working condition and replacement of any garden tool and equipment you provide.
If you choose not to provide the basic equipment, the tenants will be required to purchase this. This will be an additional cost for them to consider at the start of the tenancy. They may decide it’s not affordable for them and reject the property or worse, they may take the property and intend to purchase the items when they can afford to do so. This may result in several months of deterioration in the garden while they are unable to buy the items.
Should this happen, you can make a claim against the tenants deposit at the end of the tenancy but you will need good, firm evidence of the condition of the garden at the start of the tenancy and it’s not easy to bring a garden back from a dilapidated condition in the short period between tenancies.
Q: Can my tenant make alterations to the garden?
A: Alterations could be anything from removing bushes, laying a patio, installing decking, building a barbecue hut, creating an outside movie space or even just outside lights and a sound system, but do you have to agree?
The Scottish Government Model Tenancy states the tenants must “maintain the garden in a reasonable manner” this means they cannot alter, refurbish, construct or dismantle, they can only maintain, without permission from the landlord.
If your tenant approaches you for permission to alter the garden, you should consider the following prior to giving or refusing permission:
- Is planning permission required?
- How will this affect the neighbours?
- Who is going to complete the work and how able or professionally qualified are they? Are they fully insured and are they qualified to work at height/with electricity/plumbing etc?
- Who will pay for the work and does the tenant expect you to contribute?
- Who will own the structure/building etc? Can the tenant remove it at the end of the tenancy? If so, how will they reinstate the ground?
- How will this impact future tenancies? Will there be additional running costs for future tenants?
- Will there be additional maintenance costs for tenants or landlord in the future or on an on-going basis?
If the proposal is for something you feel will add value to the property and be useful for future tenancies, it’s worth considering arranging and paying for this yourself. That way you have full control over the work and you have total ownership at the end of the tenancy. You need to liase with the tenants about access for contractors, but as this is their idea, there shouldn’t be an issue.
If, after consideration, you decide you don’t want the changes to happen you have every right to refuse permission. You should write to the tenants and explain your decision and keep a record of any further correspondence in case it’s needed at the end of the tenancy.
One final thought, if the alteration is required for disability reasons, you cannot reasonably refuse permission. However, you can ask for the alteration to be reversed and the garden reinstated at the end of the tenancy.
Q: Who should pay for the brown bin?
A: If a brown bin collection is available in your area this will make life a lot easier for your tenant to dispose of garden rubbish, but who should pay for this?
Many landlords pay for the brown bin and consider it as a property expense. In this case either the landlord arranges the permit or the tenant arranges it and the landlord reimburses them. You should not suggest the tenant deducts this amount from the next rent payment, you should always consider it an outlay and refund it by cheque or directly to the tenants bank account.
If you choose not to pay for the brown bin, good practice would be to provide the tenant with a permit for the brown bin at the start of the tenancy and suggest they renew it, at their cost, when the renewal is due. You should refund any unused portion at the end of the tenancy.
If they choose not to renew the permit, and you cannot insist they do so, they will need to find some alternative method of disposing of the garden waste. They may choose to pay a gardener who will remove the waste or they may put it in sacks and take it to the recycling centre, however they do this is up to them but they must remove it at their cost.
If at the end of the tenancy the brown bin is full and the tenant has not renewed the permit, a deduction from the deposit could be in order to cover the cost of uplift or disposal if the Tenancy Agreement clearly states the tenants obligations in Clause 30 “Private Gardens”.
The brown bin is often over-looked but, as there is a cost involved, it should be discussed and agreed upon prior to the start of the tenancy. That way everyone is aware of their responsibility and any issues arising at the end of the tenancy are clear-cut and easy to deal with.
Q: What about shared gardens?
A: This is probably more relevant to tenants, although landlords should check they have all the information to hand.
Many rented properties, particularly new builds or flats, will have a shared or communal garden. These gardens are often maintained by a factor but occasionally care of the garden will be shared between the properties.
Tenants should be aware before signing the tenancy agreement, what the arrangements are for any shared garden areas and the tenancy agreement should clearly state who is responsible for the garden and any surrounding areas.
At the property viewing tenants should ask the following questions:
- Is the garden maintained by a property factor?
- Do I need to maintain the garden and, if so, do I share this responsibility with any neighbouring properties and are any garden tools or equipment provided?
- Is there a section of garden allocated to the property and, if so, where are the boundaries?
- Do I have access to a washing line or drying area and is it for my sole use?
- Can I use the garden area for sunbathing, barbecue, dog walking or for children to play ?
- What are the parking arrangements? Do I have an allocated space and if so how many spaces? If the parking is communal, is it first come first parked and if so, where is the overflow parking? Is there parking for visitors?
- Where are the bins and are they communal bins or bin store?
- Is there a bike store and is it secure?
Finally, if it’s in a communal area, make sure you know which gas or electric meter box belongs to you. You will need to take meter readings on entry and at the end of the tenancy.
Gardens, whether shared or private can be very attractive to tenants but as landlords, it’s important to make sure tenants are fully aware of the arrangements and their responsibilities before signing the tenancy agreement. The tenancy agreement should clearly state what is available and how it should be cared for. This way everything in the garden should be rosy.