Can they charge me for gardening when I move out?

A landlord or letting agent can’t make you pay for gardening unless it’s included in your rent. The government’s guidance for tenants said:

“No. A landlord or agent cannot require you to pay for gardening unless this is included as part of your rent.”¹

The guidance for landlords and agents said the same.² Both were withdrawn in May 2026, when the rules were updated for the Renters’ Rights Act.³ The parts of the Tenant Fees Act 2019 they describe are still in force. Under the Act, a landlord or agent can’t:

make you sign up with another company for a service, such as a gardener,⁴ or
charge you any payment that isn’t on the Act’s short list of permitted payments.⁵ Gardening isn’t on it.⁶

A clause in your tenancy agreement that says otherwise isn’t binding on you. The rest of the agreement still applies.⁷

Recommending a gardener is fine

An agent can give you a list of gardeners, but can’t make you use one. If you choose to hire a gardener yourself, you pay for it and can’t charge it back to the landlord or agent.⁸

If the agent gets a commission or any other reward for recommending a company, the Property Ombudsman’s code says they must tell you.⁹

What they can charge for

They can still claim from your deposit for real loss.¹⁰ For a garden, that depends on three things.

Your tenancy agreement has to make you responsible for the garden. Without a clause like that, mydeposits says a landlord can’t make a successful claim for garden maintenance.¹¹ The deposit schemes list the tenancy agreement and signed check-in and check-out reports as evidence a landlord must provide for a gardening claim.¹²
The garden has to be worse than when you moved in. You’re expected to return it in the same state, allowing for seasonal growth.¹³ A garden checked in during winter and checked out in summer will look very different, and adjudicators take that into account.¹⁴ Landlords can only claim for wear and tear that goes beyond the normal.¹⁵
The cost has to be fair. It should be in proportion to how much worse the garden got, and not include work on the rest of the garden.¹⁶ The landlord can’t end up better off than at the start of your tenancy.¹⁷

In one mydeposits case, a landlord claimed for a £650 gardening invoice. The adjudicator took out work on large, established trees, hedges and shrubs that the tenant wasn’t responsible for, and work that would have left the garden better than at check-in. The landlord got £222.¹⁸

Trees, hedges and bigger jobs

Unless your agreement says otherwise, tenants are usually responsible for basic upkeep: weeding, mowing, watering, pruning low shrubs and clearing rubbish.¹⁹ Landlords are usually responsible for parts of the garden it would be unreasonable to expect a tenant to look after, such as trees, large shrubs, hedges and climbing plants, and for major repairs or improvements.²⁰

A general clause to keep the garden in “good seasonal order” wouldn’t normally cover trees and large bushes, which need specialist attention.²¹
In one case, a deposit scheme turned down a £100 claim for clearing blocked gutters and drains. They were the landlord’s responsibility, and the tenancy agreement didn’t clearly make the tenant responsible for them.²²
If a plant needed special care and nobody told you how to look after it, an adjudicator may not hold you responsible if it dies.²³
In a shared house that counts as a house in multiple occupation (HMO), the law makes the manager keep any garden “in a safe and tidy condition”.²⁴ mydeposits says that in an HMO the garden is always the landlord’s duty.²⁵

Your evidence

Check-in photos of the garden. If the check-in report doesn’t record the garden properly, take your own dated photos and send them to the agent.²⁶ The moving-in checklist has more.
The season. Adjudicators compare the garden at the start and end of the tenancy, using a written description and photos, ideally taken at similar times of year.²⁷ Note the dates of your check-in and check-out.
The tenancy clause. Read exactly what it makes you responsible for, and what it doesn’t mention.
Move-out photos of every part of the garden, from the same angles as the check-in report if you can.

If they’re charging you

Ask in writing for the garden clause, the check-in and check-out reports with photos, and the invoice.
Don’t agree to a deduction you think is unfair. If you can’t agree, use your deposit scheme’s free dispute service.²⁸ There’s a letter you can use, and more on getting your deposit back.
If you were made to pay for gardening, or to hire a gardener, you can apply to the First-tier Tribunal to get the money back from the landlord or agent.²⁹

Report the agent

Requiring you to pay for a gardener breaks the Tenant Fees Act. Councils’ Trading Standards services enforce the Act.³⁰ They can fine a landlord or agent up to £5,000 for a breach.³¹ See how to report a letting agent.

References

Tenant Fees Act 2019: guidance for tenants (PDF). Ministry of Housing, Communities and Local Government, 30 September 2020, withdrawn 8 May 2026. p. 33. Q. Can a landlord or agent ask me to pay for gardening services? No. A landlord or agent cannot require you to pay for gardening unless this is included as part of your rent. ↩
Tenant Fees Act 2019: guidance for landlords and letting agents (PDF). Ministry of Housing, Communities and Local Government, withdrawn 8 May 2026. p. 23. Q. Can I ask a tenant to pay for gardening services? No. You cannot require a tenant to pay for gardening unless this has been included as part of the rent. ↩
Tenant Fees Act 2019: guidance. GOV.UK. This guidance is no longer up to date. For up to date guidance, please access our tenant, landlord, and local council Tenant Fees Act guidance updated by the Renters’ Rights Act. ↩
Tenant Fees Act 2019, s. 1(3) (landlords) and s. 2(3) (letting agents). A landlord must not require a relevant person to enter into a contract with a third party in connection with a tenancy of housing in England if that contract is— (a) a contract for the provision of a service; A letting agent must not require a relevant person to enter into a contract with the agent or a third party in connection with a tenancy of housing in England if the contract is— (a) a contract for the provision of a service. ↩
Tenant Fees Act 2019, s. 1(1), s. 2(1) and s. 3(1). A landlord must not require a relevant person to make a prohibited payment to the landlord in connection with a tenancy of housing in England. For the purposes of this Act a payment is a prohibited payment unless it is a permitted payment by virtue of Schedule 1. ↩
Tenant Fees Act 2019: guidance for tenants. GOV.UK, updated July 2026. These are the fees that your landlord is allowed to charge you: the rent, if you and your landlord have signed the tenancy agreement a refundable tenancy deposit a refundable holding deposit to reserve a property a payment to change the tenancy when you ask to a payment when you leave a tenancy without giving enough notice a payment towards utility bills and communication services a fee for late payment of rent a fee for replacing a key or security device ↩
Tenant Fees Act 2019, s. 4(1) and (3). A term of a tenancy agreement which breaches section 1 is not binding on a relevant person. the agreement continues, so far as practicable, to have effect in every other respect. ↩
Tenant Fees Act 2019: guidance for tenants (2020, withdrawn), p. 33. You can use the services of a third party if you choose to do so. If you do this and this has not been required by the landlord or agent, you cannot charge these back to the landlord/agent and you are responsible for the cost. ↩
Code of Practice for Residential Letting Agents (England) (PDF). The Property Ombudsman, updated 1 May 2026. para 2d, p. 2. If you intend to offer or recommend to consumers referencing, insurance, utility, property maintenance, gas or electrical or other services, or those of an associate () or connected person (), where the service provider rewards you for the referral by way of money, gifts or any other form of benefit, you must disclose this arrangement. ↩
Tenant Fees Act 2019: statutory guidance for enforcement authorities. GOV.UK, 2026. This act does not affect the landlord’s entitlement to recover damages through the tenancy deposit or through the courts. ↩
How to claim for garden maintenance (PDF). mydeposits, 2021. p. 1. there must be a clause written in the tenancy agreement stating that the tenant is obliged to maintain the garden. Without this clause the landlord will be unable to make a successful claim for garden maintenance ↩
Deposits, disputes and damages (PDF). Joint guide by the Tenancy Deposit Scheme, Deposit Protection Service and mydeposits, 2017. p. 15, under “What evidence must be provided”. Gardening Tenancy agreement; Signed check-in and check-out inventory reports. ↩
Happy tenants, healthy gardens. mydeposits. the tenant is required to return the garden in the same state that it was in when they moved in (allowing for seasonal growth) ↩
How to claim for garden maintenance, p. 2. if the check-in was done in the winter and the check-out in the summer, the condition and acceptable speed of growth would be totally different. ↩
Deposits, disputes and damages, p. 15. Landlords can only claim for excessive wear and tear – which would be considered damage ↩
How to claim for garden maintenance, p. 3. This should be proportionate to the extent of deterioration made apparent by the evidence and not include work carried out to the rest of the garden. ↩
How to claim for garden maintenance, p. 2. the landlord should not end up in a better position than at the start of the tenancy ↩
Happy tenants, healthy gardens, mydeposits, case study. the trees, hedges and some shrubs that were well established and a considerable size at the start and well above head height at the end of the tenancy, as this is impractical and unreasonable to expect from a tenant The adjudicator considered the £650 invoice which included removing rubbish (£95), pruning trees and plants which the tenant was not responsible for and maintenance that would put the garden in a better condition than when the tenant moved in, so the landlord was awarded £222. ↩
Happy tenants, healthy gardens, mydeposits. Unless otherwise stated, tenants are usually responsible for regular basic garden maintenance, including weeding, pruning low growing shrubs in borders, disposing of any rubbish, mowing the lawn and watering plants. ↩
Happy tenants, healthy gardens, mydeposits. Landlords are usually responsible for looking after garden areas that it would be unreasonable to expect tenants to maintain, such as trees, large shrubs, hedges, and climbing plants, to make sure they remain safe. Additionally, any major repairs or improvements are the landlord’s responsibility ↩
#AskTDS: “My landlord is claiming for cutting back a tree - can they do this?”. Tenancy Deposit Scheme. A general clause containing an obligation to keep the garden in good seasonal order would not normally cover items requiring specialist attention, including trees and large bushes. ↩
Leaf it out: Autumn adjudication case study. Tenancy Deposit Scheme blog; the author’s own views. The landlord submitted a claim for a deduction from the tenancy deposit in a sum of £100 to clean and clear the gutters and drains the tenancy agreement did not clearly state that the tenant is responsible for the clearing of gutters. As the landlord is responsible for the drains and guttering ↩
Happy tenants, healthy gardens, mydeposits, case study. there was no evidence that the tenant was given any ‘special care’ instructions for looking after the tree. the adjudicator was unable to find the tenant responsible for neglecting the tree or causing the tree to die ↩
Management of Houses in Multiple Occupation (England) Regulations 2006, reg. 7(4)(b). The manager must ensure that … any garden belonging to the HMO is kept in a safe and tidy condition ↩
Happy tenants, healthy gardens, mydeposits. in an HMO, the garden is always the landlord’s duty to manage ↩
Happy tenants, healthy gardens, mydeposits, tips for tenants. Check the inventory as soon as you move in: Make sure the condition of the garden is properly recorded and that there are photographs. If not, update what has been written in the inventory, take some photographs and send them to your landlord or agent. ↩
#AskTDS: “My landlord is claiming for cutting back a tree”, Tenancy Deposit Scheme. an adjudicator would look for evidence of the condition of the garden both before and at the end of the tenancy. For gardens, a written description is a key part of the inventory alongside photographs (ideally taken at similar times of year) ↩
Deposits, disputes and damages, p. 5. all deposit protection providers operate a free Dispute Resolution Service to decide how the deposit should be divided between them. ↩
Tenant Fees Act 2019, s. 15(3) and (5). The relevant person may make an application to the First-tier Tribunal for the recovery from the landlord or letting agent of the amount of the payment or (as the case may be) the aggregate amount of the payments that the relevant person has made. Section 15(3) gives the same right for a prohibited payment. ↩
Tenant Fees Act 2019, s. 6(1). It is the duty of every local weights and measures authority in England to enforce in its area— (a) section 1 (prohibitions applying to landlords), (b) section 2 (prohibitions applying to letting agents). Local weights and measures authorities are councils’ Trading Standards services. ↩
Tenant Fees Act 2019, s. 8(1)–(2). the authority may impose a financial penalty on the person in respect of the breach. (2) The financial penalty— (a) may be of such amount as the authority determines, but (b) subject to subsection (3), must not exceed £5,000. ↩