Garden and Outdoor Space: What Can Your Landlord Deduct?

Garden-related deductions are among the most disputed categories in deposit claims. Landlords frequently overestimate what constitutes damage versus natural deterioration in outdoor spaces, often bundling them with cleaning charges. Understanding the rules can save you hundreds.

Your Obligations

Your responsibility for the garden depends entirely on what your tenancy agreement says. If it requires you to "maintain the garden in reasonable condition," you need to keep it tidy — but not improve it. The DPS Learning Centre states that seasonal changes, weather damage, and natural die-back of plants are not the tenant's responsibility, even if the agreement mentions garden maintenance.

What Landlords Cannot Charge For

According to TDS adjudication precedents: dead plants caused by drought or frost, overgrown hedges that were already overgrown at move-in, worn lawn areas from normal foot traffic, and deterioration of fencing, sheds, or decking due to age and weather are all classed as fair wear and tear. Shelter adds that if the garden was not in good condition when you moved in, the landlord cannot expect it to be in better condition when you leave.

What You Could Be Liable For

Genuine garden damage that goes beyond normal use may be deductible: killing a lawn through neglect (not mowing for months), removing established plants or trees without permission, dumping rubbish or building materials, or significant damage from pets. The key test is always comparison with the move-in condition, so your move-in photographs of the garden are critical evidence. See our guide on inventory and evidence for tips on documenting your case.

The Betterment Principle

Even where genuine garden damage exists, the landlord cannot profit from the deduction. Under the betterment principle recognised by all three schemes, the landlord can only recover the cost of restoring the garden to its condition at the start of the tenancy — not improving it. If the fence was old and weathered at move-in, they cannot charge for a brand-new fence.