Outside in: who's responsible for the garden, path, and fence in a rented property?

External maintenance is one of the most reliably contentious areas of residential lettings. A tenant hands back a property with an overgrown garden, a cracked path, and a fence panel that blew down in February. The landlord wants deductions. The tenant says it's not their problem. And somewhere in the middle is a tenancy agreement that probably didn't address any of it clearly enough at the outset.

Here's how it actually works.

The general position

The landlord is responsible for the structure and exterior of the property — that includes boundary walls, fences (where they belong to the property), paths, and the fabric of any outbuildings. The tenant is responsible for keeping the property in the condition it was in at the start of the tenancy, subject to fair wear and tear — and for the exterior, that generally means maintaining the garden to the standard it was in when they moved in.

The key phrase there is "the standard it was in when they moved in." If a tenant inherits an overgrown garden at the start of a tenancy, they can't be held to a higher standard at the end. This is why the inventory — including photographs of the garden, paths, and external areas — is just as important outside as in.

Garden maintenance: what can you reasonably expect from a tenant?

A tenant is generally expected to carry out basic garden maintenance: mowing the lawn, keeping beds reasonable, and not allowing the garden to deteriorate significantly from its condition at move-in. They're not expected to be a gardener, and they can't be held responsible for natural growth that's simply what gardens do when left for a number of years.

If you want a garden kept to a specific standard — regularly mown, beds maintained, borders tidy — that needs to be specified in the tenancy agreement, ideally with photographs of the expected standard. A vague requirement to "maintain the garden" is hard to enforce.

For longer tenancies or properties with substantial gardens, some landlords include a gardening clause, or arrange for a gardener to visit periodically at the landlord's cost. This removes the ambiguity entirely and means the external appearance of the property doesn't depend on how much the tenant likes gardening.

Fences and boundary structures

Fences are a frequent source of confusion because ownership isn't always obvious. The title deeds to the property — or the lease, if it's a leasehold — should specify which boundaries belong to the property and which belong to the neighbour. It's worth knowing this before a dispute arises.

Where a fence belongs to your property, maintaining it is your responsibility as landlord. A tenant isn't expected to replace a fence panel that blew down — that's a structural repair. But if a tenant has damaged a fence through use (driving into it, leaning heavy equipment against it), that's a different matter and a legitimate deduction.

Paths, patios, and paved areas

General maintenance of paths and paved areas — keeping them clear, not allowing them to become a trip hazard — is a shared expectation. Structural deterioration (cracked paving slabs, subsidence, failed pointing on brick paths) is a landlord repair.

Where there's moss or algae on paths — which in a London garden is essentially inevitable — a periodic jet wash is reasonable to expect from a tenant keeping the property in reasonable condition. A path that's become a slip hazard through sustained neglect over a long tenancy is a different conversation.

The honest answer

External responsibilities are almost always clearer in properties where they were discussed at the start of the tenancy, recorded in the inventory, and specified in the agreement. The landlords who have the fewest external disputes are the ones who handed the property over with the garden tidy, photographed it thoroughly, and included a clear clause about what's expected during the tenancy.

If you need external works doing between tenancies — garden clearance, fence repair, path maintenance, jet washing — give us a call on 020 7993 8277 or email info@lapps.co.uk. It's the sort of work we do regularly as part of a pre-tenancy turnaround.

Legal disclaimer: The information in this post is provided for general guidance purposes only and does not constitute legal advice. Landlord and tenant responsibilities vary depending on the specific tenancy agreement and circumstances — we recommend seeking advice from a qualified professional if you have a specific dispute or concern. LAP Property Services accepts no liability for any decisions made in reliance on this content.

LAP Property Services provide property maintenance, electrical, gas, and compliance services to landlords and letting agents across London. Visit www.lapps.co.uk to find out more.