Landscaping

Does a tenant have a say in landscaping ?

The management company that runs the estate has sent a notice stating that it intends to carry out landscaping works in the gardens. I would very much like the area directly outside my flat improved — can I insist on it being included in the plans?

It is a standard term of every lease of a flat that the landlord or management company must repair and maintain the common parts. This almost always extends to maintenance of any gardens. These provisions are unlikely to require the landlord to carry out improvements such as landscaping, however. Legally, “improvements” are treated differently to “repairs”. You should check the specific provisions of your lease to see what it says about the gardens, but it is therefore unlikely that you can force the landlord to landscape the area outside your flat.

However, the notice you refer to ought to improve the chances of having the work done. It appears to be a “Notice of Intention” , and it is the first stage of a statutory consultation. It should invite leaseholders to make observations about the proposed works by a specified date. The regulations require the landlord or management company to “have regard to those observations” and to provide other leaseholders with a summary of any comments and its response.

A management company is not strictly required to accept observations from leaseholders, but it could face difficulties recovering service charges if it fails to follow the consultation requirements.

It follows that you cannot force the management company to landscape the area outside your flat, but it must at least give full consideration to your proposals.