What advise legally can anyone give me please.
No you can’t get work done and charge them. What is it exactly that they are not doing and how much gardening are we talking about? What are the exact words used in your tenancy agreement in relation to the garden?
It depends upon what your contract reads
Have you specified they maintain the garden? If yes then it is their responsibilty.
Have you told them in contract if they don’t do it it shall be done at their cost? If yes, then you can. If they don’t reimburse you you will need a clause to cover outstanding payments during the contract from deposit otherwise you will have to go through mcol for your money to be reimbursed
Yes it’s 4 month notice at the moment
Do not turn up on the doorstep. That will be seen as harassment.
Do not send more that one email a week that will also be seen as harassment.
Once they have not complied just follow through with work don’t keep writing to them
In principle, you cant govern how tenants live and whether they keep things tidy, just how they return it at the end of the tenancy. I do understand that with gardens if they are not maintained you can get more permanent damage to paved areas, trees etc, but even so, that clause you quote seems pretty vague to me.
Given that the tenant isn’t going to change what do you want to happen? If you want to evict then you don’t need a reason, just use s21. However, if the garden is a serious maintenance liability then you may not get anyone better and you may then want to consider changing it to something more low maintenance.
If this is your former home then you may be overly invested in its appearance and if you cant let go then it may not be a suitable letting property for you.
I do ask them when I do the checks if it is bad but I do have a clause explaining they are responsible for maintenance and they will pay if it is not done when they move out.