Adjudication case study: Garden maintenance

We offer an independent and impartial resolution service for landlords, agents and tenants who are unable to reach an agreement on distributing the deposit when the tenancy ends. 

Here, we take a look at a recent case and explain how it was resolved. Our Lead Adjudicator, Emma Louka, helps you understand our approach, to garden maintenance responsibilities, seasonal growth and the evidence needed to support a claim. 

Deposit details

Deposit: £1,325.00 

Unresolved amount: £260.00 

What happened?

The tenant said:

• The tenancy began in November and ended in late June, so additional garden growth should be expected during the summer months 

• They maintained the garden as much as possible, but the lawnmower stopped working halfway through the tenancy and was never replaced. They believed responsibility for cutting the grass therefore fell to the landlord 

The agent responded, saying: 

• There was no record of the tenant reporting that the lawnmower was no longer working. In any event, the tenancy agreement made the tenant responsible for maintaining the garden and there was no obligation for the landlord to provide gardening equipment 

• The lawn had been left overgrown, weeds were present throughout the borders and the garden had not been returned to the condition recorded at check in 

What evidence was provided?

Tenancy agreement, check in report, dated check-out photographs, invoice and email correspondence. 

What was decided and why?

The check in report described the garden as being in good order, with the lawn freshly cut, hedges well maintained and some weeds already present within the borders. 

Although a formal check out report was not available, the landlord provided dated photographs taken on the day the tenancy ended. These showed the lawn had become overgrown and that weeds had increased throughout the borders. The hedges appeared fuller than at check in but remained well maintained. 

The tenant provided evidence that they had emailed the landlord after the lawnmower stopped working. However, the adjudicator found that landlords are not obliged to provide equipment to enable tenants to meet their contractual responsibilities, although it would have been good practice to address the issue at the time. 

The contractor’s invoice itemised the work as £70 for mowing and strimming the lawn, £70 for removing weeds from the borders and £120 for trimming the hedges. 

The adjudicator awarded the full £70 for cutting the grass and 75% of the de-weeding costs, recognising that some weeds were already present at the start of the tenancy. And awarding the full amount would have resulted in betterment. No award was made for trimming the hedges because their increased growth was consistent with the time of year and normal seasonal growth. 

Key takeaway points

Garden maintenance disputes can often be avoided by setting clear expectations at the start of the tenancy and keeping good records throughout. 

• Clearly define responsibility for maintaining lawns, borders, hedges and other outdoor areas within the tenancy agreement 

• Consider the season when assessing a garden’s condition at check out. Natural growth during the spring and summer months should not automatically be treated as poor maintenance 

• Check in reports are essential for establishing the starting condition of the garden. Tenants should only be held responsible for deterioration that occurred during the tenancy, not pre-existing issues 

• Retain supporting evidence, including inventories, photographs, correspondence and contractor invoices, to help demonstrate the condition of the garden and any work required 

• Itemised invoices make it easier for adjudicators to assess each element of a claim individually and ensure any award is fair and proportionate 

Top tip

Not all changes in a garden’s appearance indicate poor maintenance. Adjudicators will consider seasonal growth alongside the evidence provided, so claims should focus on deterioration beyond what would normally be expected for the time of year.

Support your garden maintenance claims with mydeposits

Garden related disputes often come down to the quality of the evidence. Detailed inventories, dated photographs and itemised invoices help establish whether changes are the result of seasonal growth, fair wear and tear or a failure to meet tenancy obligations. 

For landlords and letting agents

If you’ve taken a deposit, you’re legally required to protect it within 30 calendar days using a government authorised scheme. Detailed check in reports, regular inspections and well-supported evidence will strengthen your position should a dispute arise and allow your claim to be assessed fairly through adjudication. 

For tenants 

Unsure whether you’re responsible for garden maintenance or concerned about proposed deductions? Check your deposit to confirm it’s protected and understand how adjudicators assess issues such as seasonal growth, fair wear and tear and tenancy responsibilities. 

As this case demonstrates, adjudication is based on the evidence provided by both parties. Clear inventories, dated photographs, correspondence and proportionate contractor costs all contribute to fair outcomes for landlords, letting agents and tenants without the need for court proceedings.