Gardening services in Richmond: landlord and tenant responsibilities

Who looks after the garden of a rented house is one of the commonest disputes at the end of a tenancy, and in Richmond, where period houses with mature gardens are let at high rents, the sums involved can be significant. The law is less clear than it is for boilers and roofs, so most of the answer lies in the tenancy agreement and the inventory. This guide sets out what the statutes say, what the usual tenancy clause means, and when gardening services in Richmond should be paid for by the landlord rather than the tenant.

What the law actually covers

Section 11 of the Landlord and Tenant Act 1985 puts the structure and exterior of the dwelling on the landlord, together with the installations for water, gas, electricity, heating and sanitation. Courts have treated the paths and steps that are the essential means of access as part of the exterior, so a landlord is responsible for a collapsed front path or a dangerous step. Section 11 does not extend to the garden as such: lawns, beds, hedges and most fences fall outside it. The Homes (Fitness for Human Habitation) Act 2018 requires the property, including any land let with it, to be fit for human habitation throughout the tenancy; a garden that has simply gone untidy will not breach it, but a rat infestation from a neglected garden, a dangerous tree or an unusable access path can. Citizens Advice explains both Acts in plain terms.

The tenant’s side comes from the long-standing duty to use the property in a tenant-like manner, which the courts have described as the small jobs a reasonable occupier does. In a garden that means mowing, weeding and keeping it broadly as it was found. It does not mean tree surgery, replacing a fence or restoring a garden that was already neglected at the start.

What the tenancy agreement usually says

Most assured shorthold tenancies include a clause requiring the tenant to keep the garden neat, tidy and free from weeds and to return it in the condition shown in the inventory, allowing for the season. Read the clause carefully, because wording varies and some agreements go further. A few points that come up repeatedly:

• A clause requiring the tenant to maintain the garden does not require them to improve it. If it was a mess at check-in, the landlord cannot charge for it being a mess at check-out.
• Where the landlord wants a particular standard, especially in a high-value let, the cleaner arrangement is for the landlord to include local gardening services in the rent and tell the tenant when visits happen.
• Hedge trimming at height, tree work and anything needing equipment the tenant does not have is normally the landlord’s cost unless the agreement says otherwise.
• Tenants should not remove or significantly alter planting without written consent; the same goes for paving a lawn.

Deposits and the end of the tenancy

Garden deductions succeed or fail on evidence. The check-in inventory should include dated photographs of the garden, ideally from the same positions used at check-out. The deposit protection schemes’ adjudicators compare the two and allow for the time of year; a lawn that is long in June after a May move-out is a tidy-up charge, not a re-turfing one. A landlord can reasonably deduct the cost of restoring the garden to its check-in condition, usually a few hours of garden maintenance services, but cannot charge for improvement or for seasonal change. Tenants who run a gardener near me search, book a tidy before the check-out and keep the receipt rarely lose deposit money on the garden.

What is different in Richmond

Richmond upon Thames has an unusually high proportion of period property and much of the borough is conservation area, so the trees in rented gardens are often protected by Tree Preservation Orders or conservation area rules; any work beyond removing dead wood needs Richmond upon Thames Council’s consent, which is the landlord’s job to obtain, not the tenant’s. Riverside homes near the Thames and its tributaries sit in areas covered by the Environment Agency’s flood maps, and gardens there can be waterlogged for weeks in winter; a tenant cannot be blamed for a lawn the river has been across. Rents are high enough that landlords commonly bundle regular gardening services into the tenancy, which avoids most disputes. Parking is restricted across much of the borough, so a gardener visiting a Richmond let will often add permit or meter costs. The council’s garden waste collection is a paid subscription, and the tenancy should say whether the landlord or the tenant holds it.

When to call a professional

For a tenant, calling a professional is usually a matter of what the tenancy requires: a regular gardener for the mowing and weeding if you do not want to do it, and a garden clearance contractor at check-out if the garden got away from you. For a landlord, the safety lines are firmer. Trees need a qualified tree surgeon with NPTC chainsaw certificates and public liability insurance, working with proper access equipment under Health and Safety Executive guidance, and protected trees need the council’s consent. Hedges should not be cut between March and August where birds are nesting, under the Wildlife and Countryside Act 1981. Older outbuildings may contain asbestos cement; disturbing them in a let property is a landlord liability and a licensed contractor’s job. Garden lighting on a new circuit is Part P notifiable work for a registered electrician. And anyone removing garden waste from the property must be a registered waste carrier with the Environment Agency.

Landlords and tenants alike can describe the garden, the tenancy terms and what needs doing to The Household Daily’s help desk, and we will help you find gardening services in Richmond and take the next step.

Guidance is general and refers to the authority that sets each rule. Costs are indicative ranges; always get written quotes. Trade availability and credentials are confirmed when you enquire.