Garden Maintenance on Rental Property

faceman

Quick question for those in the know. If I rent out a house with a garden and as a landlord I'm expecting the tenants to tend to the garden. (I.e. Keep the grass cut), do I need to supply a lawnmower or should I expect the tenants to get their own?

wench

Maintaining the exterior of the property, including the gardens, is the responsibility of the landlord (since 2009 regulations)

So if the landlord wants the tenant to agree to take over that work, it would be reasonable to provide the appropriate tools.
Expecting each tenant of a property to buy their own mower would not be sensible, particularly when their next home may be a gardenless apartment.

DSN

If you expect the tenant to do it, make it part of the agreement & then yes you have to supply a lawnmower that works. When we rented we didn't want the LL appearing every couple weeks to cut the lawn as you had to go through house to get to back garden, so suited us to do it ourselves but he supplied the mower (was only a small lawn tho in fairness!)

_Brian

We've included it in the agreement and supplied a lawnmower.

Graham

wench wrote: »

Maintaining the exterior of the property, including the gardens, is the responsibility of the landlord (since 2009 regulations)

Which regulations?

wench

Graham wrote: »

Which regulations?

The Housing (Miscellaneous Provisions) Act 2009

Section 18 requires the landlord to maintain the property in ‘a proper state of structural repair’ which it elaborates on to include ' gutters, down pipes, ... gardens and common areas'

Graham

wench wrote: »

The Housing (Miscellaneous Provisions) Act 2009

Section 18 requires the landlord to maintain the property in ‘a proper state of structural repair’ which it elaborates on to include ' gutters, down pipes, ... gardens and common areas'

Just reading that. My interpretation is it's ultimately the landlords responsibility to make sure the garden etc is maintained. Nothing to suggest the landlord has to do it.

Good to know, it should probably be included in the lease to remove any doubt.

It looks like a few of the housing associations specifically list garden maintenance as a tenants responsibility.

Our LL comes once a year to weed the garden and cut back hedges etc. I'm very pleased with this setup as I've no interest in dealing with it myself, only problem is it can get a bit wild before it gets done (its a jungle at the moment). I've never even been there when he has done it, I just tell him to let himself in.

faceman

Thanks for the feedback folks

So what if the landlord expects the tenant to maintain the grass but doesn't provide a lawnmower. What happens then?

Graham

faceman wrote: »

Thanks for the feedback folks

So what if the landlord expects the tenant to maintain the grass but doesn't provide a lawnmower. What happens then?

Revert back to the lease, see if there's anything specific.

TBH, you can pick up a lawnmower for a few quid. Hardly worth quibbling over unless you're renting out a country estate with a couple of hundred acres.

Spurion

What's the point of including it in the lease? Surely it's unenforceable since failure to maintain the garden would not be grounds for termination of the tenancy agreement or for retaining part/all of the deposit?

Dial Hard

Graham wrote: »

Just reading that. My interpretation is it's ultimately the landlords responsibility to make sure the garden etc is maintained. Nothing to suggest the landlord has to do it.

That's exactly what she said?

wench wrote: »

Maintaining the exterior of the property, including the gardens, is the responsibility of the landlord (since 2009 regulations).

Graham

Spurion wrote: »

What's the point of including it in the lease? Surely it's unenforceable since failure to maintain the garden would not be grounds for termination of the tenancy agreement or for retaining part/all of the deposit?

If that is the case (and I'm not sure it is), the same logic should mean the no-pets, no-smoking causes are equally unenforceable.

punisher5112

Simple leave a lawnmower there.

Teyla Emmagan

Just buy them a lawnmower. Of course they're not going to buy one themselves to cut your grass! If you find a tenant willing to take on the garden you should be delighted. Not quibbling over where the lawnmower comes from.

Woodies have them from 80 quid.

The_Conductor

faceman wrote: »

Thanks for the feedback folks

So what if the landlord expects the tenant to maintain the grass but doesn't provide a lawnmower. What happens then?

The owner of the property (you in this case) is legally liable to ensure the exterior of the property is kept properly. If you fail in your obligation- you can be fined- all the way from a Class E fine for a first offence (500 Euro fine) to a Class C fine (2,500 fine) for a repeat offender.

You can abdicate responsibility for the upkeep to a tenant in the lease- by all means- however- you are still, as the owner, the responsible party for ensuring it is complied with- and if it is not- irrespective of the fact that you have abdicated your responsibility with a lease article provision- you yourself can be fined.

In this instance- you'd provide whatever tools are necessary for the tenant to cover your obligation- and conduct periodic inspections to ensure they are doing what they are supposed to do.

Most rental agents simply organize a weekly rota for lawn mowing and garden maintenance- and use the same crew on a permanent basis- at this time of the year. Its about 40 quid a forthnight for an average sized garden- which is normally billed separately, and is wholly deductible as a cost.

faceman

The_Conductor wrote: »

The owner of the property (you in this case) is legally liable to ensure the exterior of the property is kept properly. If you fail in your obligation- you can be fined- all the way from a Class E fine for a first offence (500 Euro fine) to a Class C fine (2,500 fine) for a repeat offender.

You can abdicate responsibility for the upkeep to a tenant in the lease- by all means- however- you are still, as the owner, the responsible party for ensuring it is complied with- and if it is not- irrespective of the fact that you have abdicated your responsibility with a lease article provision- you yourself can be fined.

In this instance- you'd provide whatever tools are necessary for the tenant to cover your obligation- and conduct periodic inspections to ensure they are doing what they are supposed to do.

Most rental agents simply organize a weekly rota for lawn mowing and garden maintenance- and use the same crew on a permanent basis- at this time of the year. Its about 40 quid a forthnight for an average sized garden- which is normally billed separately, and is wholly deductible as a cost.

Great this is what I'm looking for, thanks!

(Btw I'm the tenant in this case)

OldMrBrennan83

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Graham

The_Conductor wrote: »

In this instance- you'd provide whatever tools are necessary for the tenant to cover your obligation

That's interesting. Where's the part of the legislation that covers the supplying of the equipment, I haven't been able to find it?

Ursus Horribilis

What size of garden are we talking about here?

The_Conductor

Graham wrote: »

That's interesting. Where's the part of the legislation that covers the supplying of the equipment, I haven't been able to find it?

It doesn't say so in the legislation.
The legislation clearly states that the landlord is legally responsible for the upkeep of the exterior of the property and the gardens.
It does not state that he/she has to personally do the job themselves- they can get a contractor, a managing agent- or indeed the tenant themselves- to do it if they will- however, they are legally responsible to ensure it is maintained- and if it isn't- they are legally liable- not the person they get to do the job. Any argument between the landlord and a third party over the upkeep of the property- is a civil matter between the landlord and the third party.

I.e.- it doesn't matter one iota how the owner gets the job done- they have to get it done- and if they don't- they are responsible.

In light of this- if they are abdicating their responsibility to a tenant- which is perfectly acceptable- it just makes sense that they should facilitate the tenant doing the job- as they are responsible if the tenant doesn't.

Its not spelt out- because there is a presumption of a smidgen of intelligence........

Graham

The_Conductor wrote: »

It doesn't say so in the legislation.

My mistake, I took your previous answer as a statement of fact or legislation rather than an opinion.

The_Conductor wrote: »

Its not spelt out- because there is a presumption of a smidgen of intelligence........

I'd agree there's a requirement to apply intelligence on both sides.

Say I'd agreed to take on a responsibility, I'd consider it intelligent to clarify in advance who was to provide the consumables/equipment necessary for me to discharge that responsibility.

Graham

Graham wrote: »

I'd agree there's a requirement to apply intelligence on both sides.

Say I'd agreed to take on a responsibility, I'd consider it intelligent to clarify in advance who was to provide the consumables/equipment necessary for me to discharge that responsibility.

I suppose it's almost a given that a tenant is not going to want to spend their money on any equipment or consumables for upkeep of the garden. So the LL should just give them the equipment if they ask or not.

The_Conductor

Graham wrote: »

Say I'd agreed to take on a responsibility, I'd consider it intelligent to clarify in advance who was to provide the consumables/equipment necessary for me to discharge that responsibility.

Big time.
Personally- if I was a landlord and required the tenants tend a garden (or whatever other external upkeep was necessary)- I'd do my utmost to assist them in doing so- when my financial neck is on the line- I'd be nuts not to do so.

OldMrBrennan83

This post has been deleted.

Graham

The_Conductor wrote: »

Big time.
Personally- if I was a landlord and required the tenants tend a garden (or whatever other external upkeep was necessary)- I'd do my utmost to assist them in doing so- when my financial neck is on the line- I'd be nuts not to do so.

As would I. I just wouldn't suggest there's any obligation to do so.

Ursus Horribilis

Regardless of what the legislation may or may not say, it'd be a penny wise pound foolish landlord who wouldn't supply the lawnmower. I live in a bog standard semi-D with some handkerchiefs of grass front and back. The people who sold me the house didn't bother getting rid of their electric Flymo when they were moving so that's what I'm using. It's a glorified vacuum cleaner of a yoke but it does the job in 20 minutes.

I have to say that if I was renting and the landlord had the cheek to try and make me buy something like a lawnmower, I'd not bother my backside to do a thing with the house. I'm bristling just at the idea of it. The idea solution for a landlord would be if they could come to an arrangement with the tenant and have them maintain it if possible. In many cases the tenant no more wants to see the landlord coming near the place than the landlord wants to spend their evenings mowing lawns.

TheDoc

Patww79 wrote: »

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Well in my last house the landlord outline he would tend to the garden. I told him don't be daft, I'll manage the garden and cut the grass, he has better things to do doing with his weekends.

I borrowed a petrol mower from my Aunt who no longer has grass since she moved house, and borrowed from stuff from my parents. Got into the routine of cutting grass, trimming the hedges and stuff, and it was a nice routine in summer.

Not every arrangement has be drawn down on paper to cover every legal angle. Such a growing trend of entitlement and nonsense in the renting market, getting worse by the mass influx.

Maybe when I think about "gosh I'm lucky that in three landlords I've had three cracking relationships", maybe the reason is I'm a good tenant, and I'm not a horrible pain in the neck for landlords.

Like to the quote above, god forbid someone wants to treat their rented property like their own home, and doesn't find it a big hassle to manage a garden.

I my case, I didn't want to the landlord just popping over every random weekend mowing my grass, while I sat on my hole and looked at him.

OldMrBrennan83

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Graham

As a tenant, if I'd agreed to maintain the garden as a condition of the tenancy I'd look to see if there was a lawnmower provided. If there wasn't I'd drop into B & Q and pick one up.

As a landlord, I'd make it as easy as possible for the tenant to maintain the garden. This would include the provision of a lawnmower.

There is no right/wrong answer here, it's all down to what landlord/tenant agree.

Our experience over the last few years:

House 1 - communal garden
House 2 - lawnmower provided but garden maintained once a month by landlords handyman.
House 3 - ride-on lawnmower provided
House 4 - lovely landlord and his equally lovely wife dropped around one day a month to look after the garden
House 5 - bought a lawnmower but landlord had previously paid someone to cut grass once a fortnight. Continued that arrangement.
House 6 - bought a lawnmower and maintained the garden ourselves.
House 7 - nice man with a tractor mows the lawns once a week.

TheDoc

TheDoc wrote: »

Well in my last house the landlord outline he would tend to the garden. I told him don't be daft, I'll manage the garden and cut the grass, he has better things to do doing with his weekends.
.

I have the opposite opinion, I have better things for doing on my weekends than looking after someone else's garden.