The Importance of Inventories - Gardens & Outside Space
When dealing with property condition a lot of emphasis is placed on the interior of a property. However, outdoor areas — including gardens, driveways, patios, outbuildings, and fences — form an integral part of the property and should not be overlooked. The accurate recording of their condition through inventories and the ongoing property inspections are essential components of professional property management.
Under Section 11of the Landlord and Tenant Act 1985, Landlords have a duty to maintain the structure and exterior of the dwelling, which includes boundary walls, pathways, and drainage. Furthermore, the Homes (Fitness for Human Habitation) Act 2018 requires that properties — including external areas under the tenant’s use — are maintained in a condition that is free from hazards and conducive to healthy living.
In many cases, tenancy agreements will place a level of responsibility on the tenant to maintain the garden in a ‘tenant-like manner’ — typically meaning keeping lawns mown, borders weeded, and rubbish cleared. However, disputes often arise due to differing expectations and a lack of clear evidence at the start and end of the tenancy.
The Purpose of the Inventory
A professionally compiled inventory, ideally supported by dated photographs or video evidence, provides a detailed snapshot of the condition of the property — both inside and out — at the commencement of the tenancy. In the case of outdoor space, the inventory should document:
Lawn condition and maintenance (e.g. freshly mown, patchy, waterlogged).
Hedges, shrubs, trees (well-maintained or overgrown).
Patio or decking areas (cleanliness, damage, weed growth).
Outbuildings, sheds, greenhouses (secure, watertight, clean).
Fencing and gates (condition, security).
Outdoor furniture or fixtures (e.g. washing lines, bins, ornaments).
Without a thorough inventory, it becomes extremely difficult to establish liability for deterioration or damage during the tenancy. In the event of a deposit dispute, the ADR of deposit protection schemes rely heavily on inventory evidence to make adjudications.
Routine Inspections
Routine inspections, conducted quarterly or biannually, allow agents or Landlords to ensure that tenants are complying with the garden maintenance clauses of their tenancy agreement. These visits can be used to identify:
Neglect, such as overgrowth or accumulation of rubbish.
Damage caused by pets, vehicles, or garden fires.
Early signs of pest infestation.
Invasive plants such as Japanese Knotweed.
Tree overgrowth affecting neighbouring properties or causing safety hazards.
Any concerns noted during inspections should be documented and communicated to the tenant promptly, with appropriate guidance or remedial action outlined. This supports ongoing compliance, avoids misunderstandings, and maintains the property's value and kerb appeal.
End-of-Tenancy Checks and Deposit Claims
At the end of the tenancy, a check-out report should be conducted, comparing the current condition of the outdoor areas with the original inventory. If the garden has become overgrown, damaged, or poorly maintained, and the tenant was contractually responsible for its upkeep, deductions from the deposit may be justified — provided the evidence supports such claims.
Without up to date, independent records, it is highly unlikely that a deposit adjudicator will rule in favour of the Landlord.
Outdoor areas are as much a part of the rented property as the kitchen or living room and should be treated with equal importance in the tenancy process. Inventories and inspections that thoroughly cover gardens and other outside spaces protect Landlords’ investments, support tenants in fulfilling their obligations, and serve as vital evidence in the event of a dispute. Ignoring these spaces can lead to conflict, costly remedial works, and deposit disputes — all of which can be avoided with a proactive, professional approach to property management.