Bushes encroaching on neighbours’ garden - who is responsible?

[FiveGensOfLove]

Hello - would appreciate some advice from any landlords in particular! We rented out our property last year, in the UK, after having to move temporarily for work. We have an elderly neighbour and, whenever we trimmed our bushes along our shared boundary, she’d ask us to do her side as well (i.e. trim the same bushes on her side). The bushes are in our garden. We were happy to do this as a favour as we were doing it anyway.

Now we have tenants in, the neighbour’s son - who is currently living with his mother - has contacted me asking us to get a gardener in to trim the bushes on his mother’s side.

My question is: is this our responsibility? There’s a requirement in the tenancy agreement that the tenants must keep the garden tidy. So it might come under that.
Or is it up to my neighbours to trim the bushes on their side?

(There’s no question, by the way, that the bushes are ours)

Any advice gratefully received (I’m keen to avoid paying for a gardener if I don’t have to - but obv will if it is our responsibility)

Also, and in case it isn’t clear, the bushes don’t line the boundary - there is a low fence, and several bushes on our side grow through it onto her side. It’s those bits she wants us to trim.

Personally I would pay someone to do it, and factor that cost into any future tenancy charge.

Thanks @TwoLeftSocksWithHoles. So, to be clear, you think it’s our responsibility?

Yes, they are your bushes.

If you make it it the tenant's responsibility you will need to provide suitable gardening equipment and a shed to store it in. Might be easier just to pay a gardener?

Morally yes, legally probably not, but I would not wish to alienate neighbours. Especially if they are elderly...

I would have thought it's your responsibility surely - your bushes from your garden are encroaching on the neighbours garden.

This really surprises me as I was told by a gardener and by buildings control that any overhang of my neighbour’s trees was up to me to trim (and pay for, to the tune of hundreds of pounds). I don’t think you’re under any obligation to trim on their side, and would let him know.

Morally I’d also do this, they are your bushes, it’s not very nice to make her pay for a gardener to trim them. Legally likely not, but it’s quite shit to refuse.

I think it's your neighbour's responsibility. AFAIK, you're allowed to trim anything that overhangs your property. Certainly, where I live that's the case. It's one thing if you're getting your hedges trimmed and the neighbour asks you to do their side and you don't mind doing it - fine - it's a kind gesture - but I don't think you're obliged to do it. Your neighbour has just got used to you doing it.

She can legally trim them and offer you the cuttings back.

Legally, the neighbour can trim anything that comes onto her land - but she pays for it.

Legally, your neighbours responsibility. Morally, it's yours.

My neighbours have a massive overhanging hedge, just got quotes to get it cut back and it's going to cost me £60. I'm a single parent with three kids, it's bloody annoying that THEIR hedge costs me this money. If they didn't have it, I'd have £60 more to spend on my own kids, rather than dealing with an issue caused by them. Frustrating.

Have always understood that anything that overhangs or pushes through your neighbour’s fence gives them the right to chop it off. Sounds as if what started as a neighbourly thing to do as you were requested to do it in the first place is now seen to be your responsibility.I would reply saying that you had been happy to help when you were living there but suggest that he (the son) cuts anything back that he needs to.

It is absolutely morally and legally the neighbour’s responsibility. Anything in their garden they can cut back to the dividing is, but the actual cut off branches etc still belong to you.

Some mixed replies!

Thanks. If it was just our elderly neighbour I’d do it regardless of whether it was our responsibility or not - but as the son is there, and perfectly able to do it himself, I wanted to check what was reasonable! I want to keep being a good neighbour and a good landlord so don’t want to foist anything on anyone unnecessarily.

Will have a think….

Garden law is a big grey area.
As I understand it, you can trim bushes that encroach on your boundary and can offer the neighbour these cuttings but not throw the cuttings over the boundary without permission.
There is also regulation on how high a boundary hedge is supposed to be.
With this in mind, you were doing your elderly neighbour a favour by trimming the hedge on her side and I doubt your tenants will want to continue this.
Having rented my house out in the past the tenants didn't even touch the garden, even when it was in the agreement.
We left tools, a mower and a shed which they filled with crap and swapped the mower for a broken one on leaving and left the hedges to grow to 10ft. It cost us time and money in a big overhaul when they left and the deposit didn't cover that as well as the other damage they did.
If I were you, I would get a weekly local gardener and factor the cost in when you get a tenant change (as its a bit unfair to spring extra cost on your tenants now), or absorb the cost of a gardener now to keep the peace.
However, I doubt your gardener would want to cut the neighbours side.

No, you have on obligation to trim the bushes overhanging your neighbour's garden.

I would not ask tenants to enter a property they don't rent to undertake gardening work. They have no right to do so.

It's up to your neighbours to manage their own garden although you might want to re-think your planting and maintenance schedule if your plants are causing a nuisance.

*on = no, no obligation to trim bushes

They belong to you, and are encroaching on her property. Of course it's for you to sort out.

@GreyhoundG1rl

They belong to you, and are encroaching on her property. Of course it's for you to sort out.

It’s not at all for the OP to sort out. It’s irrelevant if they encroach on the neighbouring property. They are living plants and do what they will. The neighbour is entitled to cut them back. It is not the OP’s responsibility.

Legally, it’s up to next door to cut the bushes that come thru to their side.

However, as a landlord, it would be preferable if you arranged for someone to go round 3 or 4 times spring to autumn and cut the bushes on both sides.

Tenants never do this as you would wish them to even if you put it in the contract.

The difficulty here is there are a lot of posters with firm but legally incorrect advice. You have no obligation to trim the hedges on her side, and in fact no right to do to the extent it requires you to go on her land unless she permits you to access. She has permitted you, and you have voluntarily taken on that task as a good neighbour. But you are no longer living there and if she objects to the plants growing through she has a right to cut them back.
I would go back to the son and say “As you know, when we were in occupation we cut back the hedge from your mother’s side on her request as a neighbourly gesture. However we are no longer in occupation. We do not have any obligation to maintain it from her side, and we cannot require our tenants to do so. If you are unable to cut it back to the fence line for your mother then she will have to make alternative arrangements at her own expense”.

Its their responsibility. The son needs to do it. Else they could string it along for years of expense and mistakenly believe it's your duty, having gotten used to it.

Delphigirl is absolutely correct, and is a good response.