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Garden my responsibility or landlord's

  • 26-06-2014 1:09pm
    #1
    Registered Users, Registered Users 2 Posts: 485 ✭✭


    Hi all just looking for some advice please.

    Just to let you know that this is the first time I have ever rented a house all properties before we're apartments or flats.

    The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.

    When I moved in there was a lawnmower there but it was still cold at that time so I didn't need to use it.

    But when it started to grow and I needed to cut the grass Surprise surprise the mower didn't work. I have been at him for a new mower or the original one fixed but all I keep getting off him is that "He will get to it".

    I couldn't put up with it so I rented a Strimmer and a Lawnmower at a cost of €40.

    I think that I should deduct that from the rent but I'm not 100% sure who's responsibility it is for the garden.
    I just want to say that I am not expecting him to do the Garden, I will do it but I need the tools to sort the Garden out.

    Any advice would be much appreciated.


«13

Comments

  • Registered Users, Registered Users 2 Posts: 223 ✭✭tylerdylan


    When I moved into the place I rent I enquired about the mower to the agent and was told that its my responsibility as I am using the garden.

    I duly bought a lawn mower and then of course silly me no where to keep said lawn mower :eek: so luckily a friend sorted a shed for me (no shed was at the property)

    At least if you buy the lawn mower you can use for the next place.


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Hi all just looking for some advice please.

    Just to let you know that this is the first time I have ever rented a house all properties before we're apartments or flats.

    The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.

    When I moved in there was a lawnmower there but it was still cold at that time so I didn't need to use it.

    But when it started to grow and I needed to cut the grass Surprise surprise the mower didn't work. I have been at him for a new mower or the original one fixed but all I keep getting off him is that "He will get to it".

    I couldn't put up with it so I rented a Strimmer and a Lawnmower at a cost of €40.

    I think that I should deduct that from the rent but I'm not 100% sure who's responsibility it is for the garden.
    I just want to say that I am not expecting him to do the Garden, I will do it but I need the tools to sort the Garden out.

    Any advice would be much appreciated.



    What does your lease say?

    generally if the Landlord provides the equipment you have to look after it, if he doesn't then he does. so with his failure to provide a working mower he should look after it.

    under no circumstances should you make subtraction from the rent.


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    ted1 wrote: »
    What does your lease say?

    generally if the Landlord provides the equipment you have to look after it, if he doesn't then he does. so with his failure to provide a working mower he should look after it.

    under no circumstances should you make subtraction from the rent.

    It's not that I WANT to deduct from the rent, I can't afford that kinda money my job is not well paid.

    Plus I generally have a good relationship with him but this has left a sour taste in my mouth


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    It's not that I WANT to deduct from the rent, I can't afford that kinda money my job is not well paid.

    Plus I generally have a good relationship with him but this has left a sour taste in my mouth

    failure to pay rent is grounds for an eviction. YOU took it upon yourself to rent the equipment. the landlord didn't choose to.


  • Registered Users, Registered Users 2 Posts: 1,930 ✭✭✭GavMan


    ted1 wrote: »
    failure to pay rent is grounds for an eviction. YOU took it upon yourself to rent the equipment. the landlord didn't choose to.

    After making reasonable attempts to have the landlord remedy the situation. Speak to the landlord about have to rent the equipment before taking it out of the rent. maybe he'll be happy to let it slide.


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  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    We maintain the garden in our house. But the landlord has supplied a lawnmower, and there is a shed to keep it in. It also states on the lease the tenant is responsible for cutting the grass.

    But I like to potter in the garden, so I have lots of pots outside on the patio where I have some plants, a couple of roses, and grow my own thyme, parsley & oregano. We've also weeded the central plot and put down bark at our own expense to keep the plot tidy and the weeds down.

    I'd check the lease again.


  • Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    I can't understand someone living in a house watching the grass grow into a jungle front of their eyes ..... regardless of who's responsibility it ... have you any idea what is up the mower? is it an easy fix? most areas have fellas that will do it for you for a tenner or so.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Legally, the landlord is responsible for making sure the grounds are maintained. However, they can transfer that responsibility to the tenant via the lease.


  • Registered Users, Registered Users 2 Posts: 2,671 ✭✭✭jay0109


    Victor wrote: »
    Legally, the landlord is responsible for making sure the grounds are maintained. However, they can transfer that responsibility to the tenant via the lease.

    How does this work insurance wise...what if the tenant loses a few fingers wile mowing the grass?
    I would have thought it was the Landlords obligation to keep the gardens maintained....safer option too for the landlord, even if morehassle


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    ted1 wrote: »
    failure to pay rent is grounds for an eviction. YOU took it upon yourself to rent the equipment. the landlord didn't choose to.

    To be honest I will take that chance. It's not the first time I have had to pay something cause he didn't fix a problem in HIS house and I am not prepared to be out of pocket for a second time..

    Plus the fact I have no hoover and have never had a hoover since I lived here do you want me to pay for that too...


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  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    To be honest I will take that chance. It's not the first time I have had to pay something cause he didn't fix a problem in HIS house and I am not prepared to be out of pocket for a second time..

    Plus the fact I have no hoover and have never had a hoover since I lived here do you want me to pay for that too...

    Eh? What's wrong with you buying one and taking it with you when you leave?? How on earth do you keep the place clean otherwise???


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    Victor wrote: »
    Legally, the landlord is responsible for making sure the grounds are maintained. However, they can transfer that responsibility to the tenant via the lease.

    Like I said I have no problem maintaining the Garden, I actually enjoyed it. But why should I have to fork out for a lawnmower when there was one already here when I moved in. As far as im concerned a precedent was set


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    Eh? What's wrong with you buying one and taking it with you when you leave?? How on earth do you keep the place clean otherwise???

    With great difficulty I have to use my hands to clean the carpet.

    Why should I buy one. Any other place I have rented before had a hoover or at least the use of a hoover.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    With great difficulty I have to use my hands to clean the carpet.

    Why should I buy one. Any other place I have rented before had a hoover or at least the use of a hoover.

    Oh dear. You will insist on making things hard for yourself. I have no sympathy for you. A vacuum is cheap enough to buy and easy enough to move around.


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    Oh dear. You will insist on making things hard for yourself. I have no sympathy for you.

    Can you elaborate on this please...

    Living In laois, working in Dublin. So after travel and rent and feeding my wife and kids I don't have the cash to buy shag all never mind a hoover.
    Plus his excuse is that the Last tenant stole it. Not every tenant does this


  • Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    Hoover is not an item that the landlord is required to provide. Buy a cheap one yourself that will do the job.


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    Hoover is not an item that the landlord is required to provide. Buy a cheap one yourself that will do the job.

    Can't afford one. Surely if he wants his house clean he can get one


  • Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    Can't afford one. Surely if he wants his house clean he can get one

    Problem is he doesn't live there. You and your family do. And you have their health to consider. Landlord is not responsible for cleaning up after you ony for providing a roof over you and peaceful enjoyment thereof. Also you risk loosing deposit if not maintained to a reasonable standard.


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    Problem is he doesn't live there. You and your family do. And you have their health to consider. Landlord is not responsible for cleaning up after you ony for providing a roof over you and peaceful enjoyment thereof. Also you risk loosing deposit if not maintained to a reasonable standard.

    You're right on every point but one. I will never ever lose my deposit again been burned like that before.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Can you elaborate on this please...

    Living In laois, working in Dublin. So after travel and rent and feeding my wife and kids I don't have the cash to buy shag all never mind a hoover.
    Plus his excuse is that the Last tenant stole it. Not every tenant does this

    Certainly. I'm on the dole. So I get even LESS money than you. I still have a cheap vacuum to clean the house with. The LL's one doesn't work. Did I create about it? No. I bought a cheapie from Argos that does the job just fine. I don't have to clean the carpets by hand. I save my back. And I'll take it with me when I move. End of story


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  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    To be honest I will take that chance. It's not the first time I have had to pay something cause he didn't fix a problem in HIS house and I am not prepared to be out of pocket for a second time..

    Plus the fact I have no hoover and have never had a hoover since I lived here do you want me to pay for that too...

    Yes, pay for your own Hoover.


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Can't afford one. Surely if he wants his house clean he can get one

    When you are renting the house it's YOUR HOUSE the landlord isn't even step inside of it without asking for permission 24 hours in advance

    The landlord doesn't care if the house is clean or dirty, as long as its clean when you move out. If it's not it will come out of your deposit


  • Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    With great difficulty I have to use my hands to clean the carpet.

    Why should I buy one. Any other place I have rented before had a hoover or at least the use of a hoover.

    Ahh, come on like! You can't clean a carpet with your hands. How long are you living here that the place has never been hoovered?


  • Banned (with Prison Access) Posts: 10 im blue daba dee


    You're right on every point but one. I will never ever lose my deposit again been burned like that before.

    Hope you leave the place spotless, with everything in working order so...


  • Registered Users, Registered Users 2 Posts: 2,159 ✭✭✭deirdremf


    Hi all just looking for some advice please.

    Just to let you know that this is the first time I have ever rented a house all properties before we're apartments or flats.

    The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.

    When I moved in there was a lawnmower there but it was still cold at that time so I didn't need to use it.

    But when it started to grow and I needed to cut the grass Surprise surprise the mower didn't work. I have been at him for a new mower or the original one fixed but all I keep getting off him is that "He will get to it".

    I couldn't put up with it so I rented a Strimmer and a Lawnmower at a cost of €40.

    I think that I should deduct that from the rent but I'm not 100% sure who's responsibility it is for the garden.
    I just want to say that I am not expecting him to do the Garden, I will do it but I need the tools to sort the Garden out.

    Any advice would be much appreciated.
    My understanding is that the landlord is responsible for the garden, very few of them actually do anything, BUT you probably don't want them around the place anyway.
    My first question would be, is the house registered with PRTB?
    You can find out here: https://portal.prtb.ie/public_registrations.aspx
    If it isn't, start asking the landlord about that. If it isn't registered, he won't be paying tax on his income from the house, in all probability, which gives you a good negotiating position. And so you can get at least some of what you want. Of course, it may antagonise him, but you're not paying for friendship, are you?
    This should allow you to get your money back, get a new mower, get a vacuum cleaner maybe. After if he has put down carpets, he should make sure you have some way to clean them!

    About taking the money out of the rent, I'm not sure, but you are certainly entitled to get it back if you gave him plenty of chances to put things right and he did nothing.
    Lots of information at Citizens Information:
    Details of minimum standards

    For each apartment, flat or house being rented as a separate unit, the landlord must ensure that the rental property is in a proper state of structural repair. The Regulations require the landlord to maintain the property in a sound state, inside and out. They specify that roofs, roofing tiles, slates, windows, floors, ceilings, walls, stairs, doors, skirting boards, fascias, tiles on any floor, ceiling and wall, gutters, down pipes, fittings, furnishings, gardens and common areas must be maintained in good condition and repair. They must not be defective due to dampness or otherwise.


  • Registered Users, Registered Users 2 Posts: 2,159 ✭✭✭deirdremf


    Hoover is not an item that the landlord is required to provide. Buy a cheap one yourself that will do the job.
    I think he is required to ensure you have the equipment to keep the house etc properly.
    A lawnmower is required to cut grass, a vacuum cleaner is required to clean carpets - if the carpets come with the house, a suitable cleaner will have to be provided.


  • Registered Users, Registered Users 2 Posts: 4,666 ✭✭✭makeorbrake


    Hope you leave the place spotless, with everything in working order so...
    Yep, and if he does, then there will be no issue with deposit.


    Living In laois, working in Dublin. So after travel and rent and feeding my wife and kids I don't have the cash to buy shag all never mind a hoover.
    Can't afford one. Surely if he wants his house clean he can get one
    On affordability => http://www.adverts.ie/vacuum-cleaners/dyson-vacuum-cleaner/5308993 - top quality at €35 quid.
    On your attitude i.e. "if he wants his house clean, he can get one" - you need to read your contract (aside from adjusting your attitude). Keeping the place clean is your RESPONSIBILITY.

    It's a two way street.
    deirdremf wrote:
    My first question would be, is the house registered with PRTB?
    You can find out here: https://portal.prtb.ie/public_registrations.aspx
    If it isn't, start asking the landlord about that.
    Charming! Don't get me wrong - I am not suggesting that tax evasion (in the event that he has gone that route - we don't know - it hasn't come up here) is right and proper. However, the OP says he has a 'good relationship' with the landlord - and this is your suggestion for him at this particular point in time? It's a move akin to swatting a fly with a sledge.
    =deirdremf wrote:
    gardens and common areas must be maintained in good condition and repair.
    Is this open to interpretation? Is grass cutting part and parcel of this? Before I get flamed, I'm asking - it's a genuine question.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    jay0109 wrote: »
    How does this work insurance wise...what if the tenant loses a few fingers wile mowing the grass?
    It is an ordinary household risk, that a typical 14 year old can do safely.

    You could also burn your self with the fire / cooker, fall down the stairs or slip in the shower.
    I would have thought it was the Landlords obligation to keep the gardens maintained....safer option too for the landlord, even if morehassle
    But what if the landlord loses a few fingers while mowing the grass?


  • Closed Accounts Posts: 556 ✭✭✭sligoface


    Why not get a quote for repair of the mower and tell the landlord what it is and would he like for you to get the repair done and deduct the cost from the rent? Presumably he is just being lazy about it and will take this option. You will need transport and it is hassle, but might be easier than any other option and more cost effective than renting equipment.


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  • Registered Users, Registered Users 2 Posts: 4,666 ✭✭✭makeorbrake


    sligoface wrote: »
    Why not get a quote for repair of the mower and tell the landlord what it is and would he like for you to get the repair done and deduct the cost from the rent? Presumably he is just being lazy about it and will take this option. You will need transport and it is hassle, but might be easier than any other option and more cost effective than renting equipment.

    It seems like a reasonable way to approach things - rather than going straight in for confrontation.


  • Registered Users, Registered Users 2 Posts: 6,194 ✭✭✭Elmer Blooker


    The problem I have is the back garden it is like the Amazon out there and I need it cut as my 2 year old is stinging herself on the Nettles.
    If a garden is full of nettles and "like the Amazon" then its quite obvious that the garden hasn't been maintained for several years, certainly since before you moved in. A garden doesn't end up like this in one season, nettles are a tell tale sign of a garden that has been neglected for a long time, tell your landlord this. The garden should have been in a reasonably satisfactory condition when you moved in - it obviously wasn't.
    You need more than a lawnmower, whats required for this garden is a heavy duty strimmer!


  • Registered Users, Registered Users 2 Posts: 1,622 ✭✭✭Baby01032012


    deirdremf wrote: »
    I think he is required to ensure you have the equipment to keep the house etc properly.
    A lawnmower is required to cut grass, a vacuum cleaner is required to clean carpets - if the carpets come with the house, a suitable cleaner will have to be provided.

    Show me where in residential tenancies act 2004 that a Hoover is mentioned. And it is no way implied that landlord should provide tenant with means to run their own household.


  • Registered Users, Registered Users 2 Posts: 622 ✭✭✭greenbicycle


    Its funny, I think that if it was a landlord coming on here asking should they provide a hoover and mower for their tenant there would be lots of posts arguing that of course they should be supplied and that if a landlord cares about his house and wants it to be well maintained that the tools would be provided for it.

    Say the OP moves out and hasn't cleaned the carpet (with his hands??) for the duration of the stay and the carpet is in bad shape from normal living, can a landlord expect to keep some of the OP's deposit when he didn't supply a hoover for maintenance.

    I am predicting counter arguments about not supplying washing up liquid etc, that is different.

    Similarly, I think the landlord should have a bit more respect for neighbours, I would hate to live beside a rented accommodation with an extremely unkept garden. The Landlord should make efforts to ensure the garden is respectable either by him maintaining it or by providing maintenance tools.


  • Registered Users, Registered Users 2 Posts: 8,513 ✭✭✭Ray Palmer



    Say the OP moves out and hasn't cleaned the carpet (with his hands??) for the duration of the stay and the carpet is in bad shape from normal living, can a landlord expect to keep some of the OP's deposit when he didn't supply a hoover for maintenance.

    I am predicting counter arguments about not supplying washing up liquid etc, that is different.

    Yes the LL can completely expect to keep the deposit if the tenant does not keep a place well maintained regardless of providing a hoover because they are under no obligation to provide one.

    I had a tenant ring me after I gave them the keys asking me where the pots and pans were along with the cutlery. They started arguing and shouting that I should provide everything including bed sheets. I simply called back down and told them to leave as there was no way this would work out.

    I showed them everything required by law and they kept arguing. They also were insisting they wanted the place. No lease they hadn't actually moved and I just couldn't understand why they wanted to move in given they found me so unreasonable yet wanted me to be their LL.

    I wouldn't expect a tenant to have a lawnmower but I expect them to own a hoover and any other cleaning equipment. I had in the past provided more in places but tenants either stole them or damaged them. I still can't figure out how tenants damage so much equipment. In general it seems if there is any minor issue they will do nothing until it escalates to be a major one and then claim ignorance to any issue before hand.


  • Registered Users, Registered Users 2 Posts: 7,821 ✭✭✭fussyonion


    Ah here, I've heard it all now.

    Regardless of whose responsibility it is, surely to God you want a nice garden for you and your child to enjoy?
    So just buy the lawnmower and then it's yours for life.

    As for not buying a hoover, that's absolutely ridiculous..a hoover is an essential cleaning appliance for EVERYONE and it is most definitely NOT the LL's job to provide one.
    Your house must be filthy!


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  • Registered Users, Registered Users 2 Posts: 142 ✭✭Archaeoliz


    Hi there,

    I was wondering if I could ask about garden maintenance on a lease we are currently negotiating. My other half has got a job in Dublin and we're moving over from the UK and are going to live out near Blessington. I didn't think things would be much different but the garden maintenance issue has been really strange compared to the UK.

    Basically the landlord has said he wants us to pay his gardener to cut the grass at a cost of 25EUR per hour and for 10-15hrs per month over the summer months. Well 250-375EUR a month seems a bit steep so we said, we're happy to accept responsibility for the garden but we'd rather have the option to either do it ourselves or choose a contractor. He's insisted that the lawn must be mown by the gardener.

    Our opinion is, if he wants to insist on his gardener then shouldn't he pay for it? We've already said we've got lawn mowing equipment and are happy to keep it.

    Are we being unreasonable? Does that sound really steep to you to mow a lawn...?


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    That's a LOT of money! But I understand the LL's stance. Maybe he trusted tenants to keep the lawn over the years, they didn't and he no longer trusts them to do so, hence the contractor.

    Have you asked to see the contractor's bills?


  • Registered Users, Registered Users 2 Posts: 142 ✭✭Archaeoliz


    We're the first tenants in the property and he's been living there himself with his family so I don't think it's a trust of tenants issue (other than maybe us - but I can understand that too).

    Good idea about the contractor's bills - will ask that. Thanks.


  • Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    €25 an hour for mowing grass seems a mad price. Grand if the contractor was doing proper landscaping and maintenance, putting in new bedding plants etc but not just for cutting grass.


  • Registered Users, Registered Users 2 Posts: 23,901 ✭✭✭✭ted1


    Are you paying market price for the rent or are you getting a discount which is balanced out by paying his son/ brother to do the lawn.

    10 euro with be fair price to get the grass cut.


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  • Registered Users, Registered Users 2 Posts: 142 ✭✭Archaeoliz


    We're paying market price. They wouldn't negotiate at all.


  • Registered Users, Registered Users 2 Posts: 142 ✭✭Archaeoliz


    I've got the impression all along that they seem to think we're loaded. We may be moving for work but that costs alot of money. Mostly paid for my other half's company but still it's going to be tight for a while.


  • Registered Users, Registered Users 2 Posts: 5,652 ✭✭✭fasttalkerchat


    I think he's chancing his arm. Send an email offering to cut the grass regularly, if he turns that down then he's taking responsibility for the garden (at his cost).


  • Registered Users, Registered Users 2 Posts: 142 ✭✭Archaeoliz


    Thanks all - really, really helpful.

    I feel armed with info!


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    ted1 wrote: »
    When you are renting the house it's YOUR HOUSE the landlord isn't even step inside of it without asking for permission 24 hours in advance

    The landlord doesn't care if the house is clean or dirty, as long as its clean when you move out. If it's not it will come out of your deposit

    Like i said before I have put my own money into HIS house and i will not do it again, If he thinks the house is unclean(which its not as im typing this my clean freak wife is cleaning the house) well he will have to deal with it when we leave as i will be looooooong gone by then as will his last months rent(same as deposit)


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    Hope you leave the place spotless, with everything in working order so...

    I will be long gone before he gets my deposit


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    deirdremf wrote: »
    My understanding is that the landlord is responsible for the garden, very few of them actually do anything, BUT you probably don't want them around the place anyway.
    My first question would be, is the house registered with PRTB?
    You can find out here: https://portal.prtb.ie/public_registrations.aspx
    If it isn't, start asking the landlord about that. If it isn't registered, he won't be paying tax on his income from the house, in all probability, which gives you a good negotiating position. And so you can get at least some of what you want. Of course, it may antagonise him, but you're not paying for friendship, are you?
    This should allow you to get your money back, get a new mower, get a vacuum cleaner maybe. After if he has put down carpets, he should make sure you have some way to clean them!

    About taking the money out of the rent, I'm not sure, but you are certainly entitled to get it back if you gave him plenty of chances to put things right and he did nothing.
    Lots of information at Citizens Information:

    Thank you very much for that info, a reasonable person on boards for once, as it turns out the LL is NOT on that list.


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    It seems like a reasonable way to approach things - rather than going straight in for confrontation.

    There has been no confrontation at all, everything has been amicable and polite.


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    If a garden is full of nettles and "like the Amazon" then its quite obvious that the garden hasn't been maintained for several years, certainly since before you moved in. A garden doesn't end up like this in one season, nettles are a tell tale sign of a garden that has been neglected for a long time, tell your landlord this. The garden should have been in a reasonably satisfactory condition when you moved in - it obviously wasn't.
    You need more than a lawnmower, whats required for this garden is a heavy duty strimmer!

    No this is one season


  • Registered Users, Registered Users 2 Posts: 485 ✭✭generalmental


    fussyonion wrote: »
    Ah here, I've heard it all now,
    Your house must be filthy!

    I thought the rule on Boards.ie was to attack the post and not the poster


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