Mark Walsh Estates 

A well-maintained garden adds real value to a rental property, providing attractive outdoor space that enhances the home’s appeal. But when tenancies end, the garden can quickly become a point of contention, especially if expectations around upkeep and condition weren’t clearly defined. 

At the Tenancy Deposit Scheme, garden issues are a common source of end-of-tenancy disputes. Examples include overgrown lawns, broken fences, or piles of garden waste. Understanding when a garden damage deposit deduction is justified and how to evidence it, helps landlords manage claims fairly and avoid unnecessary conflict. 

Garden maintenance during a tenancy

Responsibilities for garden maintenance are usually outlined in the tenancy agreement. In most cases, tenants are expected to handle basic upkeep, such as: 

• Mowing the lawn regularly 

• Keeping borders and flowerbeds tidy 

• Removing weeds and garden waste 

Expectations should always be reasonable. Most tenants aren’t professional gardeners, and adjudicators will consider whether the level of maintenance required was realistic. 

The garden’s original condition also matters. If it was already mature or complex to maintain, tenants can’t be expected to return it in pristine condition without specialist tools or knowledge. 

The Tenancy Deposit Scheme’s guide on garden maintenance offers detailed advice on what level of care landlords can reasonably expect and how to avoid misunderstandings over upkeep. 

When can landlords make a claim?

Landlords may claim from the deposit if the garden’s condition at check-out shows clear neglect or avoidable damage. 

Examples that may justify deductions include: 

• Lawns left severely overgrown or scorched 

• Large piles of garden waste left behind 

• Dead plants or shrubs from lack of care 

• Broken fencing, sheds, or garden features 

• Patios or decking damaged through misuse 

However, deductions must reflect actual loss, and landlords can’t expect the garden to be returned in better condition than at check-in. 

Understanding fair wear and tear

Gardens naturally change over time due to use, weather, and seasonal growth. Adjudicators take fair wear and tear into account before approving any deductions. 

For instance: 

• Grass may thin in high-traffic areas 

• Plants may die back with age or drought 

• Lawns can suffer from weather extremes 

These changes are normal signs of use, not neglect. The key question is whether the garden’s final state reflects reasonable use or genuine neglect. 

For more context on how adjudicators assess natural deterioration, see the TDS blog on fair wear and tear. 

The importance of evidence

Strong, clear evidence is crucial to justify any garden-related deduction. Adjudicators expect: 

• A detailed check-in inventory describing garden condition 

• Dated photographs from both check-in and check-out 

• Relevant tenancy clauses on garden care 

• Invoices or quotes for restoration costs (if applicable) 

Without this, it may be difficult to prove deterioration occurred during the tenancy. 

The benefit of including a garden maintenance clause

A well-drafted garden maintenance clause in the tenancy agreement helps set expectations from day one. It clarifies what upkeep is required and can save both landlords and tenants from ambiguity or dispute later. 

Such a clause might require tenants to: 

• Keep lawns, borders, and pathways in good condition 

• Dispose of garden waste responsibly 

• Avoid damaging plants, fencing, or outdoor structures 

• Seek permission before making major changes to the garden 

By outlining specific standards, the clause not only strengthens a landlord’s position in the event of a claim but also helps tenants understand their responsibilities clearly and fairly. Our TDS blog on deposit use clauses includes examples of how to make maintenance responsibilities clear and enforceable. 

Preventing garden disputes

Many disputes can be avoided altogether through early communication and documentation. Landlords should consider: 

• Including clear garden clauses in the tenancy agreement 

• Giving tenants simple care guidance (e.g. how to operate lawn tools or dispose of waste) 

• Conducting periodic inspections to identify issues early 

• Ensuring detailed inventories and photo records at both check-in and check-out 

When both sides understand expectations, deposit disputes become far less likely. 

A balanced approach

Gardens evolve naturally, and landlords should expect some changes over time. However, where there’s clear evidence of neglect or damage, a garden damage deposit deduction may be justified. 

The key is maintaining a balanced, evidence-based approach, one that recognises fair wear and tear while upholding reasonable standards of care. 

By setting explicit expectations, keeping thorough records, and including a clear garden clause, landlords can ensure deposit handling remains transparent, fair, and dispute-free.