Garden Maintenance Deposit Disputes – Communication is Key.

Whether the property is managed by an agent or privately managed by the landlord themselves, garden maintenance has been found to be one of the most common causes of deposit disputes at the end of a tenancy.

The ‘garden maintenance poll’ conducted by the TDS collates responses from over 2000 agents and landlords, finding that 39% had experienced damage to the garden of their rental property. These complaints primarily consisted:

  • Trimming of trees and bushes.

  • Weeds.

  • Overgrown lawns.

So how can these issues be avoided?

Aside from communication, preparation prior to a new tenancy is an effective way to avoid the risk of a dispute post tenancy. For example:

  • Creating a low maintenance garden for your rental property, keep it simple and easy to manage.

  • Checking garden safety, check for loose paving, wobbly fence panels etc. fixing these could prevent further damage.

  • Ensuring gardens are tidied and weed free before a new tenancy.

Communication is key

Ensuring a tenant knows what is expected of them is a key factor to help avoid disputes. With regards to gardens, including a garden clause within tenancy agreements is a great start. If your garden has specific requirements, such as a particularly prolific bush that needs to be kept at bay, include this information in your special conditions so your tenants know what to expect.

On the other hand, tenant communication is equally important – reporting maintenance issues such as loose fencing should be done as soon as the issue is noticed so it can be addressed and recorded. Any changes a tenant would like to make to a garden would also need written permission from the landlord before any changes should be made.

Unfortunately, in some instances a deposit dispute is unavoidable but ensuring all prior preparation is in place before the tenancy even begins is essential to ensure a fair result, for example:

  • Having a comprehensive and detailed inventory including photographs is great for referencing the condition of a garden at the commencement of a tenancy and may help resolve any disputes much quicker.

  • Regular inspections can be a great way to monitor the care taken of a property and garden and any issues can be raised with a tenant at the time.

  • Written confirmation of any changes to the garden or maintenance issues reported can also be a great way to support a claim.

Whether ‘Let Only’ or ‘Managed’, all tenancy agreements issued by Maldon Lettings include a garden clause and our comprehensive inventories are a reliable reference point for the start condition of any of our properties. Why not get in touch with one of our lettings specialists today to see how our processes can help to avoid deposit disputes in future.

Claire Drake