Who is responsible for maintaining the garden of a rental property?

Q. My son and his university friends rent a house with a nice garden. He knows nothing about gardening. Who is responsible for the grounds of a rental property?
A. Under section 11 of the Landlord and Tenant Act 1985, landlords have an implied statutory obligation to keep in repair the structure and exterior of a dwelling, including drains, gutters and external pipes. They don’t have to maintain gardens, patios or land outside the building.
The equivalent implied obligation for tenants is they must not commit “waste”. This ancient concept means they must not cause lasting damage by destroying houses, gardens or trees on the land. But although a “permissive waste” includes neglecting to do something, tenants are generally not in breach by leaving land uncultivated.
Tenancy agreements usually set out who must do the gardening. Some landlords in university cities agree to provide gardeners for outside space. But usually tenants are responsible. The tenancy agreement may stipulate tenants must keep gardens “swept neat and free from weeds and vermin”.
Disputes about gardening rarely reach court, although in the 1957 case of Brown v Davies, the Court of Appeal allowed a landlord possession of a house after the garden became a “jungle”. Judges decided this was a breach of a stipulation that Brown must “keep manage and cultivate the garden in a good and husband-like manner and free from weeds”.
These disputes tend to emerge at the end of the tenancy, when landlords retain part of the tenancy deposit to put the garden right. The Tenancy Deposit Scheme’s website shows useful examples of what is and what is not acceptable.
There is therefore no implied obligation for anyone to tend a rental property’s garden — unless the tenancy agreement says so.
Mark Loveday is a barrister with Tanfield Chambers. Email questions to [email protected]