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Overhanging tree and rental property query

7 replies

AncientAliens · 09/05/2019 14:55

Looking for some MN insight/first-hand accounts of those who have experienced similar issues. I have a slight problem with a neighbour's tree overgrowing my boundary and blocking light to an upstairs window. The problem is that the property that the tree is growing in is a rental, and I know that the tenants have no interest either way in property or garden maintenance, which is fair enough, I guess. Whilst I know that I can pay to have the branches trimmed, does the landlord have any responsibility to bankroll this if the tenants will not address the issue? I'll be honest, I'm loathe to pay out for this to be sorted when I feel that it's not a problem I've created. I know the letting agency details, so could feasibly contact them to inform the property landlord directly, but does the landlord have any obligation to act? Additionally and perhaps crucially, would asking this make me look like a CF? Blush

TIA

OP posts:
Idontmeanto · 09/05/2019 16:20

Ask your neighbours to address it/get their landlord to. Garden maintenance is normally a tenant responsibility, but trees are tricky as a lot of growth happened before they came along.
This will feel like telling tales to the landlord/agent from the tenant’s POV and make them nervous.
If they refuse to deal then go to the landlord.

Singlenotsingle · 09/05/2019 16:37

Whilst you would be able to hold the LL liable if the tree actually did any damage, it looks like this is just that you're being inconvenienced. You could ask, but I doubt a court would rule in your favour.

BallyHockeySticks · 09/05/2019 16:45

www.trees.org.uk/Help-Advice/Public/Can-I-get-my-neighbour-to-cut-back-or-reduce-the-h

I'm not an expert but I believe the short answer is no. If the tree were at risk of damaging your property then you might be able to claim from the landlord to recover your costs but that's about it.

We've had a notice from the council to force us to cut back our tree branches where they were overhanging the road too much, but with just loss of light in a private garden I think it's likely to fall to you.

There is no harm in having a nice polite conversation with the landlord. They may be looking to get the tree tended to anyway, and they may prefer to have to done holistically by a professional rather than you hacking off whatever you like on your side of the fence. They might pay or offer to go halves. But ask nicely, don't demand.

And even if you do end up doing it yourself, I would still mention it first and ask if they want the trimmings or not. Goes down much better than just shoving them over the fence.

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Dottierichardson · 09/05/2019 16:45

You can trim branches where they overhang but be aware that trimming or pruning or cutting down trees during nesting season, if the tree is used by birds, is a criminal offence under the Wildlife Act. So many/most trees should be left until at least September, in many areas October.

NanooCov · 10/05/2019 11:02

I had the same issue in a previous flat and have to say neither tenants nor landlord dealt with it until the property was eventually sold and the new owners removed the whole tree. My flat was so much brighter after.

No specific advice on rights but I think you'll be hard pushed to get them to pay or contribute unless you can prove the tree is actually causing damage.

PrawnoftheShed · 10/05/2019 11:07

This reply has been deleted

Message withdrawn at poster's request.

SarahAndQuack · 10/05/2019 12:34

I'd mention it to the tenants and ask if they mind you getting in touch with their LL. You never know, the LL may be perfectly happy to come lop down some branches. But, as others say, I doubt you can expect it.

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