As we move towards spring and out of Covid-19 restrictions, you may be getting out and about more in your local area, doing tenancy visits and property inspections. 

What should you do if you find that a tenant is failing to maintain their garden?  

Whilst the condition of a tenant’s garden may not have been a high priority during the pandemic, an unkempt garden could be an indicator that there are other issues at the property and may also be indicative of support needs of the tenant. 

Most Local Authorities and Registered Social Landlords will have requirements in their tenancy agreements that a tenant should keep their gardens to a ‘satisfactory standard’. Whilst this is rarely defined in an agreement, it can be expected to mean litter free, reasonably tidy, and not overgrown.   

An overgrown garden can cause nuisance to neighbours, and a build up of rubbish or stored household items in a garden can lead to vermin infestations along with health and safety hazards. It can also look unsightly.  

So, what do you do if a tenant’s garden is not to a satisfactory standard? The answer is: follow your organisation’s procedure. 

A clear and robust procedure can often achieve positive results in a quick cost-effective manner. 

A good garden procedure would usually include: 

1. Engagement with the tenant. Are there any support issues, age, disability etc which may affect the tenant’s ability the undertake garden maintenance? Can support be put in place to help them maintain the garden themselves or can any services be engaged? Can the tenant’s friends and family help? Liaise with social services if appropriate.

2. Initial Warning Letter. If engaging with the tenant does not resolve the unkept garden, send the tenant a warning letter. The letter should include:

          a. The relevant tenancy conditions which relate to the garden. 

          b. Why the tenant is in breach of those conditions. 

          c. What the tenant must do to remedy the breach. 

          d. Clear timescales.  

          e. A date for a further garden / property inspection and request access. 

          f. The consequence of not improving the state of the garden (i.e. injunction).

3. Follow up. Re-inspect the garden on the date set out in the initial warning letter. Take pictures as evidence, if possible. Try to engage with the tenant and again offer support.

4. Second Warning Letter. If there is no or little progress send a second warning letter, including the points as above. 

5. Follow up again. Re-inspect the garden on the date set out in the initial warning letter. Take pictures as evidence, if possible. Try to engage with the tenant and again offer support.

6. Legal / Final Warning letter. If there is still no progress send a Final / Legal Warning Letter confirming, covering the points above and that this is the tenant’s last chance or your organisation will apply for an injunction to force them to resolve the garden and / or consider possession proceedings.  

At MSB, we offer a fixed fee service for a standard legal final warning letters for garden breach of tenancy injunctions. We can also help your organisation draft a robust breach of tenancy procedure.