Tenancy Management Policy May 2024

Some properties are let with individual gardens and others have use of communal gardens and spaces. Tenants are not permitted to make any alterations to communal gardens and are expected to act respectfully in them, refraining from behaviour which causes or is likely to cause a nuisance or annoyance to neighbours, visitors and others working in the neighbourhood. Dogs must be kept on leads and under control in communal areas and faeces immediately cleared up.

Where the property has its own garden, the tenant is responsible for keeping it in a tidy and acceptable condition as per the terms of their tenancy agreement. Where a tenant is unable to maintain their garden, they are expected to make suitable arrangements for the continued maintenance and upkeep. The garden area must be tidy and free from rubbish, pests, and animal waste or faeces. Trees are tenants responsibility, however they must not cut down or remove any trees without getting prior permission (unless they have planted it themselves). Tenants are responsible for fences. The Council will not intervene in disputes between neighbours regarding fences unless the complaint is about boundary encroachment.

Tenants must have the Council's written permission before they:

• Install decking or a conservatory, greenhouse, fence, wall, garage, drive, shed, patio,aviary, pigeon loft, fishpond, pool or other structure in their garden
• Remove, damage or destroy any trees
• Remove, alter or replace any fencing or boundary
• Plant trees.

The Council recognise that untidy gardens can affect the neighbourhood and not just those immediately adjacent to the property.

The Council will take enforcement action if:

• The material in an untidy garden is liable to decay, for example foodstuffs, faeces,nappies, dead animals; and it is causing a nuisance to neighbours (as per the Anti-Social Behaviour, Crime and Policing Act 2014); or there is evidence that it is attracting vermin such as rats or mice
• There is evidence of inert materials which are unsightly but are unlikely to be causing a statutory nuisance
• There is an accumulation of material that can make access to premises difficult and that may present a physical or fire risk to the occupants or those of adjoining properties.

In the scenarios above, the Council will ask a tenant to complete work to the garden within a reasonable timeframe. Consideration will be given to any vulnerabilities and these will be taken into account regarding timescales set for work. If necessary the Council will seek to explore legal remedies to encourage a tenant to bring their garden up to an acceptable standard including (but not limited to) Community Protection Warning/Notice, injunctions or possession proceedings.

In circumstances where the garden is below the threshold for enforcement action, the complainant will be encouraged to speak to their neighbour direct. The Council will facilitate mediation if both parties are happy to accept.