Gardens and common areas

The short answer

Garden and common area duties should be written into the tenancy rather than assumed. A tenant with sole use of a garden is usually expected to keep it tidy; structural items such as boundary walls, trees and drainage remain with the landlord. In tenements, the stair, back green and bin store are common property and are dealt with by the owners or the factor, not the tenant alone.

What the work involves

Setting out in writing who cuts, prunes, clears and disposes; providing equipment where the tenant is expected to maintain; and budgeting for landlord items such as tree work and wall repair.

Rules and responsibilities in Scotland

Common property in tenements is governed by the title deeds and, in their absence, the Tenements (Scotland) Act. Tree work may need consent in conservation areas or where a tree preservation order applies.

What commonly goes wrong

Expecting a tenant to maintain a large garden with no equipment provided, and leaving a leaning boundary wall as a tenant issue when it is a landlord liability.

What it usually costs

Indicative ranges only, to help you judge a quote. They are not an estimate for your property — only the business doing the work can give you that.

• A seasonal grounds contract for a shared garden is often cheaper per flat than repeated one-off visits.
• Tree surgery is a landlord cost and can be significant on mature city gardens.
• Factored estates charge common area costs to the owner, not the tenant.

What to do, in order

1. 1Write the split of duties into the tenancy in specific terms.
2. 2Provide equipment if the tenant is expected to cut grass.
3. 3Keep landlord items — trees, walls, drainage — on your own maintenance plan.
4. 4For a tenement, confirm what the factor covers and what the owners arrange.
5. 5Photograph the outside space at check-in and check-out.

Local detail for the Lothians

• Edinburgh back greens are usually common property shared by every flat in the stair, so no single tenant is responsible for them.
• Mature trees in city gardens frequently sit in conservation areas where work needs council notification.
• Newer West Lothian estates are commonly factored, so common ground is maintained under a factoring agreement paid by the owner.

When you need a professional

Use an insured tree surgeon for anything above small pruning, and check conservation area rules before instructing.

Common questions

Is a tenant responsible for the garden?

Only for what the tenancy says, and usually only routine tidiness of a garden in their sole use. Structural and tree work stays with the landlord.

Does tree work need permission?

In a conservation area or where a preservation order applies, yes. Check with the council before instructing work.

Related pages

• Garden reset between tenancies

  Bringing an overgrown garden back before photographs, and keeping it manageable.

• The annual property inspection

  What to look at on a periodic inspection, how to record it, and how to raise issues with tenants.

• Meeting the Repairing Standard

  The legal condition test every private let in Scotland has to meet, and how landlords evidence it.