Adjudication case study: Lawn damage and re-turfing costs

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

Here, we discuss a recent case and how it was resolved. Our Lead Adjudicator, Emma Louka, explains  

our approach to lawn damage and re-turfing costs. 

Deposit details Disputed: £1,250.00 

Unresolved amount: £1,250.00 

Decision: Tenant £1,180.00, landlord £250.00 

What happened? The tenant said: 

• There was no patio or hard surface in the garden, meaning the lawn was the only practical place to use a barbecue. As a result, the burnt patches were unavoidable 

• The burnt patches were only to one area, and they should not be charged the full cost to re-turf the entire garden, particularly as the lawn was patchy and bare in places at the start of the tenancy 

The agent responded, saying: 

• The tenant could have taken precautionary measures to avoid the lawn being burnt 

• The damage to the lawn exceeded fair wear and tear and the tenant should therefore be responsible for the damage 

What evidence was provided? 

Tenancy agreement, check-in report, check-out report, quote. 

What was decided and why? 

The check in report recorded the lawn as being in generally good condition, freshly cut, with a small number of bare patches. 

The check out report showed three heavily burnt patches to the back left corner of the garden. The rest of the garden was recorded as being in good seasonal order. 

On comparing the condition at the start and end of the tenancy, the adjudicator found that one area of the lawn had been returned in a worse condition. 

Garden damage: The adjudicator decided the tenant was responsible for making good the damage to the lawn as it was not consistent with natural depreciation or seasonal order. Although the tenant’s comments regarding there being no patio area for a barbecue were acknowledged, tenants are expected to take reasonable precautionary measures to avoid such damage occurring. 

Re-turfing costs: The quote provided was for £1,250.00 to re-turf the entire lawn. However, it is common practice to replace only part of a lawn where appropriate, and as only one corner was affected, the tenant was found responsible for 20% of the costs.

Key takeaways 

• Detailed inventory reporting is essential. Clear check-in and check-out reports, supported by photographs, were crucial in establishing the change in condition of the lawn during the tenancy 

• Damage must be distinguished from fair wear and tear. The adjudicator determined that the burnt areas were not consistent with natural deterioration or seasonal changes and therefore constituted tenant damage 

• Tenants are expected to take reasonable precautions. Even where outdoor facilities may be limited, tenants remain responsible for preventing avoidable damage to the property, such as lawn scorching from barbecues 

• Remedies should be proportionate to the damage caused. Although a quote was supplied to replace the entire lawn, only the affected section was considered damaged, resulting in a proportionate award rather than full replacement costs 

• Accurate contractor quotations should reflect the extent of the damage. Quotes that focus solely on repairing the damaged section are more likely to align with adjudication principles and support a successful claim 

Note: All ADR services recognise that dispute cases vary, therefore the outcome will depend on the interpretation of the evidence presented. 

Make your evidence count with mydeposits 

Cases like this one show how important detailed inventories and proportionate claims are in deposit disputes. Clear evidence of the property’s condition at check-in and check-out, supported by appropriate quotations, enables adjudicators to determine both responsibility for damage and the reasonable cost of putting it right. 

For landlords and letting agents 

A thorough inventory is only as useful as the deposit protection behind it. If you’ve taken a deposit, you’re legally required to protect it within 30 calendar days using a government authorised scheme. Without proper protection, you lose access to the adjudication process that can assess your evidence fairly. Join mydeposits now to stay compliant and ensure your evidence supports any claim for genuine loss. 

For tenants 

If you’re concerned about proposed deductions for damage to gardens or outdoor areas, or you’re unsure whether your deposit is protected, check your deposit here to confirm its status and understand your rights. Knowing the difference between fair wear and tear and tenant damage can help you better understand how adjudicators reach their decisions. 

As this case demonstrates, adjudication considers the evidence presented by both parties to make sure that any award is proportionate to the damage caused. Detailed inventories, supporting photographs and appropriate quotations all play an important role in achieving fair outcomes for landlords, letting agents and tenants without the need to go to court