A recent tenancy deposit dispute has resulted in a landlord receiving £150 of a claimed £180 for garden restoration costs following a two-year tenancy, according to case details released by TDS Adjudication Services.
The dispute centred on whether the garden’s deterioration represented normal seasonal growth or tenant neglect. The landlord claimed £180 for professional gardening work required after the tenancy ended, citing breach of maintenance obligations outlined in the tenancy agreement.
Evidence presented
The check-in inventory documented the garden as well-maintained, with freshly cut lawn edges, weed-free borders and trimmed hedges, supported by photographic evidence. The check-out report showed overgrown grass, heavily weeded borders and shrubs encroaching onto pathways.
The tenant acknowledged the garden was untidy but attributed the condition to seasonal overgrowth during the final months of the tenancy. They stated they had undertaken occasional mowing and suggested that fast-growing shrubs planted by the landlord contributed to the deterioration.
The landlord submitted an invoice from a professional gardener detailing extensive clearance work, including removal of established weeds and reshaping of overgrown shrubs.
Adjudication decision
The adjudicator determined that whilst some seasonal growth was expected, the evidence indicated a lack of routine maintenance over an extended period rather than normal use. The tenancy agreement explicitly required the tenant to keep the garden reasonably maintained, a condition the adjudicator found had not been met.
The final award of £150 represented a reduction from the claimed amount to account for some seasonal growth, whilst recognising that extensive remedial work was required due to insufficient basic upkeep.
Implications for landlords and tenants
According to Sandy Bastin, director of resolution at TDS Adjudication Services, disputes involving gardens are common where responsibility for routine upkeep sits with the tenant. The case highlights the importance of clear inventory descriptions and comparative photographs when assessing changes in garden condition.
The adjudication establishes that whilst some deterioration is considered inevitable, extensive overgrowth is unlikely to be accepted as seasonal variation. Tenancy agreement clauses relating to garden maintenance remain enforceable in deposit dispute proceedings.
