'Landlord says we have to leave beloved possession behind when we move out'

A couple are being forced to abandon their beloved garden after their landlord decided to sell up - leaving them heartbroken about the plants they've lovingly cultivated for three years. Renting in the UK comes with specific rights and responsibilities for tenants, from the right to live in a safe property that's in good condition, to protection from unfair rent increases and evictions.

One pair of green-fingered tenants are feeling anxious about having to vacate their flat and abandon their garden - particularly the plants they've nurtured during their tenancy. Their tenancy agreement stipulates the garden should be returned in a comparable state to when they first arrived, which they described as being in a "horrible state".

They've transformed the outdoor space belonging to their property, dramatically enhancing the garden with numerous plants that have been carefully maintained over the three years they've been renting.

• How to spot and avoid chilling scam that could ruin your retirement
• Footage shows terrifying moment yacht is sunk by a pod of orcas as experts reveal surprising motive

Upon moving out, they're keen to take their plants with them to their new abode but their landlord is refusing to permit this.

Seeking guidance on Reddit, the couple posted under the heading: "(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 pair then elaborated: "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 eager to share their advice.

One person suggested: "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 warned: "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 responded: "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 seeking legal advice to navigate this thorny issue. The situation is complicated as once plants are bedded in the garden, rather than simply potted, they can be deemed part of the property.

They've offered to sell their plants to the landlord, but he wants them for free and insists they belong to his property.