Garden Maintenance fee

[supadid]

Hello all!

Two days ago I got a letter from my landlords management company, stating that I owe them £150 in garden maintenance charges (10 months @ £15 a month) and says that this must be paid under the following term withing my tenancy agreement:

To be responsible for the payment of all associates charges in respect of the use and supply at the premises during the tenancy of any telephone service, of electricity, gas, oil and any other relegant fuels, water and environmental services etc.

Is he right asking for these charges? Because I have never been told about them up until two days ago.

There is a garden section in the tenancy agreement which mentions nothing about a maintenance fee. Here they are:

Garden

2.33 Not to dig up, or cut down, any trees, shrubs or bushes or timber ( if any) , except with the landlord's prior consent .
( In order to avoid misunderstandings or disputes later, it is storongly recommended that the tenant obtain confirmation in writing of any such consent granted)

2.34 To but the grass ( if any) of the premises with an appropriate garden mower as necessary from time to time to keep the grass in, or bring about, a neat and tidy condition. Furthermore, to keep the patio areas ( if any) , paths, garden areas, lawns, flower beds, shrubs or bushes and borders ( if any) as tidy, weed free and cultivated, as at commencenment of the tenancy,.

[Steve__M]

I'm not an expert but the question I would ask is this:

Why were the management company maintaining the garden when the contract said it was your responsibility?

Did they come in because you did not do it?

Or was the tenancy originally offered with a garden service?

If the former, I believe it is normal that they would be expected to provide a lawn mower and somewhere to store mower and garden equipment.

If the latter, it sounds like they are trying it on. Maybe you could write to them and state you will discuss it at the end of the tenancy, and in the meantime could they provide a lawnmower and shed to store it in so you can manage the garden yourself?

[supadid]

Originally Posted by Steve__M

I'm not an expert but the question I would ask is this:

Why were the management company maintaining the garden when the contract said it was your responsibility?

Did they come in because you did not do it?

Or was the tenancy originally offered with a garden service?

If the former, I believe it is normal that they would be expected to provide a lawn mower and somewhere to store mower and garden equipment.

If the latter, it sounds like they are trying it on. Maybe you could write to them and state you will discuss it at the end of the tenancy, and in the meantime could they provide a lawnmower and shed to store it in so you can manage the garden yourself?

The management company said they were maintaining the garden because nobody else was doing it., even though somebody has been maintaining the garden before and after my move in date.

We were never given access to garden shed and mower, its the same shed as utility meters in which we have to call the land lord every time we need a take a reading.

I would have cut the garden if i would have known i'd have had to pay £15 a month to get somebody else to do it.

When i signed the tenancy i actually asked about if there was any maintenance fees and the letting company i went through said no and a look of the tenancy agreement had no mention of it, so the service was never offered. When i saw someone doing the garden, i just assumed it was all a part of the rent i was paying.

Another note is that the apartment block is shared with 6 families, all receiving the same bill.

[Steve__M]

In that case, if it were me I would try and agree a joint response with all tenants
stating that none of you have agreed to such charges etc.

Also a good time to check that your deposit is protected in a tenancy deposit scheme.

Of course you might find your rent goes up at renewal...

[supadid]

Originally Posted by Steve__M

In that case, if it were me I would try and agree a joint response with all tenants
stating that none of you have agreed to such charges etc.

Also a good time to check that your deposit is protected in a tenancy deposit scheme.

Of course you might find your rent goes up at renewal...

My deposit is in a deposit scheme (held with the lettings agency, i think)

Thanks for your advice, i'll speak to the other tenants tonight.

I've actually handed in my notice for the apartment and will be leaving on the 17th of next month, so i'm worried that he will take this out of the deposit.

Do you know if he can do that?

[Aequitas]

The charge demanded is not covered by the clause quoted. The clause deals solely with utilities and taxes. If they say it is intended to be general tell them the eiusdem generis rule applies. That should fix 'em!

[supadid]

Originally Posted by Aequitas

The charge demanded is not covered by the clause quoted. The clause deals solely with utilities and taxes. If they say it is intended to be general tell them the eiusdem generis rule applies. That should fix 'em!

Sorry to sound daft but what does "eiusdem generis" mean?

[Aequitas]

Originally Posted by supadid

Sorry to sound daft but what does "eiusdem generis" mean?

You don't need to know - just quote it!

If you really want to know, look here:

Statutory interpretation - Wikipedia, the free encyclopedia