Tenant not keeping garden tidy - moves out on 29th Sept?

[mactheknife]

Hello Everyone,

I have a tenant that is moving out on 29th September. Three weeks ago I noticed that the front garden was resembling a jungle as I passed and notified the Agency. They contacted the tenant and he replied that he will get round to doing it sometime as he has been working all hours.

That was three weeks ago and the gardens, both back and front have not been touched. I know that he is living with his parents at present and only using the house as a mail address (He is not DHSS).

The Agency told me that they only inspect once every 6 months and will not check again until the end of the tenancy (end of this month). He is not renewing so the signs are up already TO LET.

The garden being in such a state hardly makes the property attractive and it is in a good area with great neighbours which I feel is also disrespectful to them.

Before I contact the Agency again, I'm just wondering where I stand legally, as in I do not want to go down and clean the garden up as I would not want to provoke the tenant. Would I be able to get a professional gardenning company in to do the job and backcharge the tenant, taking any costs involved from his deposit at the end of his tenancy?

Any assistance would be appreciated.
Regards
MTK

[LesleyAnne]

The tenant is obligated to return the garden in a similar condition to when it was let - obviously seasonal variations permitted! Does your agent have a written inventory to prove the condition of the garden when the tenant moved in? Does the tenancy agreement state the tenant's responsibilities to maintain and keep the garden tidy? Is tenant's deposit protected in a deposit scheme?

If tenant leaves and does not comply with any requirements stated in the tenancy, and there is written proof that the condition of the garden is worse than at the start of the tenancy, you claim the cost of returning the garden to original condition from the deposit.

However, I am concerned at your comment that the tenant is not renewing? Has tenant actually given written notice that they are LEAVING? If not, the tenant does not need to go anywhere, as even if they do not formally renew, only the fixed term ends, and the tenancy will continue until either you or the tenant gives notice.

[mactheknife]

Hello LesleyAnne,
Thanks for the reply, much appreciated.
The Tenant has given notice sometime ago that he would not renew as he has split with his partner and they cannot afford to keep it up. We had agreed that if we could get another tenant in the meantime then he could leave early, but that has not happened.
His deposit is protected in a deposit scheme.
Yes the agreement does state that the tenant has to keep the garden up to the required standard.
Photos and an inventory were taken of the property by the Agency.

Regards
bb

[Snorkerz]

You would be out of order to employ gardeners during the tenancy, indeed if the tenant has allowed the agent to erect 'to let' signs then that is lucky - though maybe he did that because he wanted out early.

The tenants communication with the agent is irrelevant - if he decides to stay beyond the end of the fixed term (renewal or not) then he can, you will have to evict if you want the place back,

Once the tenancy is over, if the garden needs work to bring it back up to a similar standard, then you can apply to deduct the cost from his deposit or even consider suing.