A couple are having to move out of the flat they made their home for the past three years as their landlord is selling up – but he’s insisting they leave one of their most beloved possessions behind. Renting in the UK comes with certain rights and responsibilities for tenants, from the right to live in a safe property that’s in a good state of repair, to protection from unfair rent and evictions.
One couple, who love gardening, are feeling stressed at the prospect of having to move out of their flat and leave their garden – especially the plants they’ve grown during their time there. Their contract states the garden ought to be left in a similar condition to what it was like when they moved in, which they described as a “horrible state”.
They’ve made many changes to the exterior of their flat, vastly improving the garden with a series of plants which have been tended to over three years. When they move out, they want to take their plants with them but their landlord is refusing to allow this.
Taking to Reddit for advice, the couple created a post titled “(England) Landlord says we can’t take our plants.”
They described themselves as “a gardening couple” who have “rented a flat with a garden for three years”.
The couple then explained: “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 three-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.”
In the comments section, people were keen to share their thoughts. One person said: “Transplant [the plants] to pots before the end of the tenancy as part of your general gardening?
“Then at the end of the tenancy move them because as his solicitor points out you’re fine to take anything in pots. As long as the garden is in a comparable state to when you moved in, the landlord has no loss to claim against you.”
Another advised: “Generally, plants belong to the owner of the land in which they’re growing.
“They’re classed as fixtures, not chattels. OP, you need to talk to an actual lawyer.”
A third replied: “If they were growing there naturally, then yes, this is the case. Similarly, if they’ve been growing there for God knows how long, such that nobody in living memory can remember how they got there, then this is also the case.
“However, where they were fairly recently placed there by the current tenant, this is not the case – they are chattels, and OP is entirely at liberty to dig them up and take them with him/her.”
The couple are now in the process of looking for a solicitor to advise them on how to proceed with the situation. It’s a complex issue as once plants are planted in the garden, and not just kept in pots, they can be considered part of the property.
They told their landlord they’d be willing to sell their plants to him but he wants them for free.
