'My landlord is holding my precious garden and plants hostage'

Enhancing the natural beauty of the space you call home can not only add value to the property but also be a therapeutic way to fill your free time. It's no wonder then that around 27 million people in the UK class gardening as one of their hobbies.

The beauty of this productive pastime is that most people can do it in the comfort of their own gardens. You will have much more freedom if you own the garden you're turning into your personal project.

But for people living in rented accommodation, there could be a few legal loopholes that they might face. One Reddit user found themselves in such a situation when they found out their pride and joy garden was being held 'hostage' by a landlord.

The post reads: "We are a gardening couple who rented the flat with a garden for three years. Now they are selling the property, so we have to move.

"When we moved in, the garden was in a horrible state, so we got lots of plants during this 3-year period. Now we want to move our plants to the next garden but the landlord said he talked with his solicitor and we can only move whatever is in pots. Is this correct? The contract says we have to keep the garden how it was."

People were quick to respond to the situation that was shared on September 1. One Reddit user said: "Just take it and return to how it was. Perhaps if the landlord is that keen on your improvements he might wish to make an offer or agree a sum for the plants."

Another said: "Legally, he is only entitled to have the garden returned in the same condition as you received it. Do you have photos of how it looked when you moved in?"

A third put: "If he wants your plants, he can pay for them. Remember, if he is trying to sell the property, your efforts in the garden will be adding value to the property."

The original post writer did respond to this, clarifying: "They already sold the house, so that's where the problem is coming from, I think, because I'm pretty sure they didn't explain to them that the garden is not coming with the house."

At the time of writing (September 4), the forum had to be closed from getting any new comments as moderators felt the topic had "become ridiculous" with people from all over the world pitching in their views without any kind of legal basis.

So, what does the law say about landlords, tenants and their garden?

Whilst this specific situation is tricky to tackle, there are some guidelines for both landlords and tenants when it comes to managing the garden of any property that is being rented out.

According to MyDeposits, it's important to have a clear understanding of who is responsible for what when it comes to garden maintenance from the start of the tenancy. This can be sorted simply by including a 'garden clause' in the tenancy agreement and during discussions with the tenant when viewing the property, to manage everyone's expectations.

Unless otherwise stated, tenants are usually responsible for regular basic garden maintenance like weeding, disposing of any rubbish and mowing the lawn.