Legal action over 5ft hedge

[feelingonhedge]

I rent a council property, been a tenant almost 11 years with no issues until now. New housing officer has been, says our 5ft front hedge is too high and it needs cutting down to 4ft.
I’ve refused as 1, it’s always been this height since the day we moved in and 2, cutting it any shorter would likely kill it off. I gave my reasons, and she’s said in that case she’s taking legal action to repossess the house
AIBU to tell her to go ahead and see how far she gets? Or should I cut the hedge anyway to keep the peace? If the hedge does die, will she (or the council) have to pay to replace it as I’m simply taking orders?

That's just bizarre, who is the hedge offending?

Why would you risk losing your home over a hedge? You would never get another council house

It's not even classed as a high hedge at that height. Did they say why it needed to be cut?

Why would cutting a foot off the top kill it , we regularly lop loads off our hedges and they survive .

Reducing the height by a foot doesn't seem worth her bothering with, but I also can't see how it could kill the hedge either?

Certainly not worth losing your house over, but I'd probably put a written complaint in to her superior as it does seem very 'jobsworth' and unnecessary.

I think I'd cut it - just in case - and then challenge if you can.

Find out why? Something to do with planning laws and the streetscape? Or visibility round corners from the road? Or leaf-drop? Whatever - find out why, (ask for pointer to relevant legislation). He may be right in which case you will have to give in anyway. He may be right and whilst a judge would be unlikely to evict you he would order you to cut it - and maybe pay costs. He may be wrong - in which case you won't have to cut it again - but you never know it might look better shorter

I suppose it depends on the type of hedge but we lop a good 2-3 feet, maybe more, off our hedge every summer without any issue. It grows like a beast and it's the only way to keep on top of it. I'd be tempted to take yours to 4ft, take photos to prove it and then leave it to grow back up, it will be 5ft in no time (again depending on the type).

Is it at the front of your property? I know legally you can only have a fence up to 1.2m on a boundary abounding a road so maybe they adopt this policy with hedges on their properties

It is possible that if it’s at the front there may be an issue with the sightline on the road and it’s been overlooked until now.
If it is in your tenancy agreement then the landlords will be legally within their rights to seek a Nosp for the breach. Whether a judge would grant it is your risk.

If I was you I would dig out my tenancy agreement and go thought with a tooth comb or ask them t point out the specific clause they are referring to.

It’s a big risk to take with your tenancy though - you would still have a reasonable size hedge and you would keep your home.

You probably wouldn’t get another Council tenancy or any help if you don’t comply.
What kind of hedge will die if you cut one foot off it’s height?

You are not allowed to cut a hedge during breeding season ( think EU defines this as 1 March to 1 september).... so she can't demand you cut it now..

Well, the hedge seems to be offending her at least it’s the exact same height as the neighbours so I’m really confused.
I’m not risking losing my home-the local council website says they cannot be over 6ft, I was just pondering whether it’s worth standing my ground. Picking my fights I suppose.
At the moment it’s short so it looks very neat and, uh...hedge like? Basically not the kind where you trim and just leaves and soft stems come off, it’s at the twig stage so not sure how chopping a foot off when it’s at that stage would affect it
But will cut it if it’s something I’m not likely to win.

It's unlikely to kill the hedge, though if it's very neatly trimmed at the moment it might look a bit bare on top for a while. There must be other, higher hedges around? Mine's certainly more than 5 feet higher than the pavement, but it's shorter from inside my garden. There are plenty a good deal higher than that, and as far as I know nobody's had any problems.

The hedge aside, I'd say the housing officer is being extreme in her threatening approach.

Asking you to trim the hedge is one thing, threatening you with a Nosp is another.

Just keep the hedge trimmed to 4ft. Sométimes and I have seen it regularly, HO appear to enjoy making threats of NoSP.

Yes it’s at the front-although she’s also said the back needs to be 5ft, but we have a nest there at the moment so she’s giving us more time to do that.
That’s interesting about the hedges as the other neighbours have recent put up a new fence which is the height of our hedge, so 5ft.
There’s definitely higher hedges around-a few doors down has one so high it reaches the bedroom window and we regularly see her going over there to complain
I might just go out there and get started on it, save all the hassle.
Thanks for all replies

I'd write an email/letter to the head of her department asking them to confirm you will lose your home over a hedge and clarify why.

Bet they tell her to stop being silly

I’d do it, take photos of it - along with the rest of the street. Send it to her as evidence, and ask has she threatened the rest of the houses with higher headgear with repossession too? Copy he boss in.

Like Feck and Alonso said - letter asking for clarification (will I really lose my house, have you given the same ultimatum to everyone else on the street?) making sure to cc her boss. And maybe copy in the local newspaper. They could do a sad-face photo, plus pic of the hedge looking beautifully neat and tidy.

Have the discussion in writing. People are happy to say lots of things they are not prepared to put into writing.

OP the RSPCB say it is an offence to cut the hedge with nesting birds in it. Normally between March and August - www.rspb.org.uk/birds-and-wildlife/advice/gardening-for-wildlife/plants-for-wildlife/garden-hedges/hedge-law/

Is anyone having sex under it?

(if you don't know what I'm talking about, you've missed a VERY funny recent thread, but I can't remember the name to link it!)

Have she issued an official notice? Or at least quoted the regulation that says you need to do this.

If not then an eviction would be a massive overreaction, the council have been trying to evict my neighbour for over a year over far worse stuff without success. They can’t just rock up to court and say ‘but I told her to cut the hedge and she didnt’. Ask for the official notice, or the regulation and check your tenancy agreement. If none of these mention hedge height ignore her.

Send screenshots from Google Streetview from the most recent and going back to show that, 'historically', it's the same as it ever was. That plus the RSPB advice should suffice.

@keepservingthedrinks

its in classics....!!

Ive never heard anything so absurd. The chance of your being evicted over a well kept hedge is zero. Where on earth do you live? 1955?