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Original poster

Problems with landlord for next door property

31 replies

takemetomars · 05/05/2022 14:45

Hi, hoping someone can help. Last August, a willow tree on next doors property cracked a large approx one ton branch which fell onto our property destroying 6 foot of shrubbery and partially blocking our driveway.
Since then, the landlord's property management company have sent some gardeners (despite being sent pictures of the branch demonstrating its size) who were only able to remove the tips of the branch which were on the drive.
The landlord has been useless, stating that he has organised tree surgeons to come who never arrived, applying and being refused permission to completely remove the tree (it has a TPO).
I have threatened legal action which he ignored and our household insurance has refused to get involved.
I eventually told him that I was going to get a relative (tree surgeon son) to remove it but that I was going to place the pieces on the driveway. He asked me not to inconvenience his tenant, I replied that this was not my problem and suggested that he crack on and find a contractor to get it removed and asked for compensation for ruined shrubbery.
There does not appear to be any way to force him to do this. Surely I must have some legal rights here?

OP posts:
Original poster
takemetomars · 05/05/2022 18:37

Anyone??

OP posts:
TenRedThings · 05/05/2022 18:47

I'd get your tree surgeon to chop it up and leave it on his drive.

DolphinaPD · 05/05/2022 19:43

I wouldn't get them to cut it up. I'd hire a mini crane/forklift and move it onto their drive, intact.

Let their tenants be inconvenienced by an unusable drive, and the landlord have to break up and dispose of it themselves, especially if you dont think you'll be compensated for the damage.

Original poster
takemetomars · 05/05/2022 19:45

TenRedThings · 05/05/2022 18:47

I'd get your tree surgeon to chop it up and leave it on his drive.

That's what we are doing. Still bloody rankles though.

OP posts:
Original poster
takemetomars · 05/05/2022 19:46

DolphinaPD · 05/05/2022 19:43

I wouldn't get them to cut it up. I'd hire a mini crane/forklift and move it onto their drive, intact.

Let their tenants be inconvenienced by an unusable drive, and the landlord have to break up and dispose of it themselves, especially if you dont think you'll be compensated for the damage.

I would love to do this. My husband thinks I am mad though

OP posts:
Original poster
takemetomars · 05/05/2022 19:48

I have spoken with the tenant today who is less than impressed with me! I just kept repeating that none of her concerns about me blocking her in were my concern

OP posts:
Floofyfoofy · 05/05/2022 19:50

Do you mean the tree surgeon to remove the whole tree? If it’s got a TPO then that’s not a good idea.

ILoveAllRainbowsx · 05/05/2022 19:51

I think you have to give it back to him so do that.

Double3xposure · 05/05/2022 19:58

I understand that you are frustated but there’s no point in taking this out on the tenant - they have done nothing wrong here.

Get several quotes to remove from branch that’s on your property from three surgeons who are not related to you. Send these quotes to the letting agent BY EMAIL OR LETTER and ask them to ask the landlord to instruct one of them within 14 days.

Tell then to give your number to the chosen contactor to contact you to arrange access.

State that if you don’t hear within 14 days you will raise an action at the small claims court to pay for the work.

If you plan to claim for replacing the shrubs then also get three quotes and include this in the email / possible claim.

Can you explain why your own house insurers have not repaired the damage to your property and sough to recover the costs from your neighbours insurers ?

MyBottleOfRibena · 05/05/2022 19:59

DolphinaPD · 05/05/2022 19:43

I wouldn't get them to cut it up. I'd hire a mini crane/forklift and move it onto their drive, intact.

Let their tenants be inconvenienced by an unusable drive, and the landlord have to break up and dispose of it themselves, especially if you dont think you'll be compensated for the damage.

Yes, defo do this! Why should you be inconvenienced, but his tennant shouldn’t be?

Double3xposure · 05/05/2022 20:01

Don’t leave any debris on the neighbouring property . The tree surgeons will take away the big logs for free and they will chip the rest which you can use on your borders as mulch. Or take it away if you don’t want it.

TheArtfulScreamer1 · 05/05/2022 20:03

Not any help with your actual issue but surely stuff like this is why we pay home insurance premiums. I'd certainly be less than impressed with my home insurance provider if they just shrugged their shoulders at me when I'd contacted them for help.

Crazykatie · 05/05/2022 20:06

Your tree surgeon would probably take it away, and cut it up as logs for burning, when we had the last storm, the branches that blew down disappeared quickly the locals with chainsaws soon cut them up.

In one case there was nearly a fight when 2 claimed a branch.

Original poster
takemetomars · 05/05/2022 20:12

Floofyfoofy · 05/05/2022 19:50

Do you mean the tree surgeon to remove the whole tree? If it’s got a TPO then that’s not a good idea.

No, just the branch on our property

OP posts:
Original poster
takemetomars · 05/05/2022 20:14

Double3xposure · 05/05/2022 20:01

Don’t leave any debris on the neighbouring property . The tree surgeons will take away the big logs for free and they will chip the rest which you can use on your borders as mulch. Or take it away if you don’t want it.

The tree surgeon is my son. He works for a large company, not his own business so no access to a chipper

OP posts:
Original poster
takemetomars · 05/05/2022 20:17

Double3xposure · 05/05/2022 19:58

I understand that you are frustated but there’s no point in taking this out on the tenant - they have done nothing wrong here.

Get several quotes to remove from branch that’s on your property from three surgeons who are not related to you. Send these quotes to the letting agent BY EMAIL OR LETTER and ask them to ask the landlord to instruct one of them within 14 days.

Tell then to give your number to the chosen contactor to contact you to arrange access.

State that if you don’t hear within 14 days you will raise an action at the small claims court to pay for the work.

If you plan to claim for replacing the shrubs then also get three quotes and include this in the email / possible claim.

Can you explain why your own house insurers have not repaired the damage to your property and sough to recover the costs from your neighbours insurers ?

I have already done what you have suggested. No response. The most I have had out of him was when I emailed to say that I would be placing the pieces on the drive. But he is now ignoring me again.
Household insurance just said they wouldn't cover it. My husband phoned them and I am not sure how much he pushed it tbh. I asked for the landlords household insurance details - no response

OP posts:
TheFlis12345 · 05/05/2022 20:18

This happened last August?!? You have the patience of a saint. I would have used whatever means necessary to push the whole damn branch onto his drive within a week. The landlord isn’t being personally inconvenienced so he is holding out and waiting for you to make the issue go away, including paying for it!

Original poster
takemetomars · 05/05/2022 20:19

Crazykatie · 05/05/2022 20:06

Your tree surgeon would probably take it away, and cut it up as logs for burning, when we had the last storm, the branches that blew down disappeared quickly the locals with chainsaws soon cut them up.

In one case there was nearly a fight when 2 claimed a branch.

See my reply to another poster just after your post

OP posts:
Original poster
takemetomars · 05/05/2022 20:19

TheArtfulScreamer1 · 05/05/2022 20:03

Not any help with your actual issue but surely stuff like this is why we pay home insurance premiums. I'd certainly be less than impressed with my home insurance provider if they just shrugged their shoulders at me when I'd contacted them for help.

I agree!!

OP posts:
Original poster
takemetomars · 05/05/2022 20:23

TheFlis12345 · 05/05/2022 20:18

This happened last August?!? You have the patience of a saint. I would have used whatever means necessary to push the whole damn branch onto his drive within a week. The landlord isn’t being personally inconvenienced so he is holding out and waiting for you to make the issue go away, including paying for it!

Yes, last August. I think you are right but I am so fucking mad that I have no way of making him sort this! The tenant was very offhand, said she knew about 'my threat' to 'block the drive'. What I actually said to the landlord was that I would be placing it on the property. When he asked me not to block the drive my response was that I had neither the time or the inclination to stack it neatly in a place if his choosing.
The branch is huge and not remotely moveable without being cut up

OP posts:
AgentProvocateur · 05/05/2022 20:29

Your neighbours landlord sounds like a dick, but it’s not actually his problem to solve - it’s your buildings insurance company who should be dealing with this, surely?

Alphabet1spaghetti2 · 05/05/2022 20:33

Do you have legal assistance on ANY insurance policy ? That might be a place to get advice.
otherwise I vote for dump entire branch in his drive intact, just ask a local farmer! Bet it’s soon shifted then. After all, if you had trimmed overhanging growth, you would be legally obliged to offer it back - the fact he’s not responding to you would surely be enough, to validate returning it in one large branch ??

Original poster
takemetomars · 05/05/2022 20:41

AgentProvocateur · 05/05/2022 20:29

Your neighbours landlord sounds like a dick, but it’s not actually his problem to solve - it’s your buildings insurance company who should be dealing with this, surely?

Why isn't it his problem? It came from his tree. My insurance has refused to cover this

OP posts:
AgentProvocateur · 05/05/2022 21:11

Ideally, your insurers would cover accidental damage, pay for the issue to be resolved and then claim from your neighbours insurance. If you’re definitely not covered (and check your policy youRself) then you will have to take it up with the neighbour.

Geezabreak82 · 05/05/2022 21:20

takemetomars · 05/05/2022 19:48

I have spoken with the tenant today who is less than impressed with me! I just kept repeating that none of her concerns about me blocking her in were my concern

You need to continue to live next door to the tenants so why be so rude to them? They are not at fault here. If their landlord is being lax about this branch they've probably had their own issues with them.

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