Who Is Responsible for Garden Maintenance in Rented Scottish Homes?

Garden upkeep can sometimes be a source of confusion between landlords and tenants in Scotland. If you rent a home with a garden, you may be wondering who is responsible for its maintenance, and whether you could be charged for certain services. This guide explains tenants’ rights and obligations clearly, focusing on rental law and official guidance for Scotland.

Your Legal Rights and Responsibilities

Scottish rental law doesn’t automatically require tenants to pay for garden maintenance, but it does allow landlords to set out certain obligations in the tenancy agreement. The responsibility for keeping a garden tidy usually depends on what’s agreed in your contract.

• Most Scottish tenancy agreements (including Private Residential Tenancies and Scottish Secure Tenancies) will state whether garden maintenance is required and, if so, what this includes.
• Common expectations include regular mowing of lawns, weeding, and generally keeping the garden tidy and litter-free.
• A landlord must provide you with the necessary equipment (like a lawnmower), unless your agreement says otherwise.
• Major repairs to garden features (like fences, walls, or tree surgery) are usually the landlord’s responsibility under the repairing standard.

It's essential to check your specific tenancy agreement before making assumptions about garden work or associated costs.

What Does the Law Say?

The main legislation covering tenants’ and landlords’ obligations in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 1987.¹ These Acts establish the "repairing standard," which includes keeping any garden in "reasonable condition" as part of the property’s general upkeep. However, everyday maintenance (like mowing the lawn) can be agreed to by the tenant if specified in the lease.

Are Tenants Required to Pay for Garden Maintenance Services?

Tenants should not be forced to pay for garden services unless their tenancy agreement specifically includes these costs as part of their rent or as a separate service charge. Any such charge should be clearly stated and agreed upfront.

• If your landlord or letting agent wants to charge extra for garden maintenance, this must be itemised in your contract.
• Unfair or hidden charges are not permitted under the law; see guidance from mygov.scot: Private renting for tenants.

If you feel pressured to pay for gardening when it’s not in your agreement, you can challenge this (see below for steps).

How to Challenge an Unfair Garden Maintenance Charge

If you believe you are being asked to pay for something not included in your contract, follow these steps:

• Step 1: Check your tenancy agreement for any terms on garden upkeep or service charges.
• Step 2: Request written clarification from your landlord or letting agent.
• Step 3: If you are not satisfied, you can contact your local council’s housing advice team or seek advice from Citizens Advice Scotland.
• Step 4: For unresolved disputes, you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to make a formal complaint about the tenancy terms or fees.

The relevant tribunal for rental disputes in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber).

Example: Relevant Official Form

• Form Name: Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Problem with your landlord
  Used for: Challenging tenancy charges that may be unfair or not specified in your agreement. For example, if you are being charged for garden maintenance unexpectedly.
  How to use: Complete the form, include supporting evidence (like your tenancy agreement and correspondence), and submit to the Tribunal as instructed.
  Application form and guide

Remember, only obligations and charges clearly included in your signed tenancy agreement are enforceable. If a dispute arises, don’t hesitate to use Scotland’s independent housing tribunal process to resolve it.

Frequently Asked Questions

1. Does every tenant in Scotland have to look after a rented garden?
   Not all tenants are required to maintain the garden. It depends what your tenancy agreement states about garden responsibilities.
2. Can landlords charge for garden maintenance after a tenancy begins?
   Charges can only be made if they were part of your original, signed agreement. Additional or "hidden" charges after you've moved in are not allowed without your agreement.
3. I rent a flat with a shared garden. Who is responsible?
   Check your tenancy agreement. For shared gardens, maintenance might be the landlord's responsibility or managed by tenants collectively. Responsibilities must be stated clearly in your contract.
4. Can a landlord deduct money from my deposit for an untidy garden?
   A landlord can seek deductions only if you failed to meet agreed garden obligations in your tenancy agreement. Any deduction must be fair and supported by evidence.
5. What can I do if I disagree with a garden maintenance charge?
   Request clarification in writing, seek independent advice, and if unresolved, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to challenge the charge.

Key Takeaways

• Check your tenancy agreement for garden maintenance clauses.
• Only pay for services or charges agreed in writing and signed for.
• Disputes or unclear charges can be challenged via Scotland's housing tribunal.

Knowing your rights and checking your tenancy agreement are the best ways to prevent misunderstandings about garden maintenance costs in Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – For dispute applications
• Citizens Advice Scotland – Housing Advice
• Scottish Government Guide to Private Residential Tenancies
• mygov.scot: Landlord Responsibilities for Repairs

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1. See Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 1987.

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