Tree down from neighbour's garden - council home

[WoolyMammoth55]

Hi all,

Opposite of previous tree thread with added council complication! Grateful for any advice.

We knew these trees were potentially dangerous, had flagged it with council tree officers in 2016 and were told they had been refused access by occupiers (who are the still the same people 6 years on). The council assessed from our side, agreed potentially dangerous, said there's nothing they can do without access.

So Eunice bought down 2 of these trees, luckily no people or buildings injured but 2 massive trees are lying in our garden and a few fence panels destroyed. I've spent 3 hours now on hold to the council - to be told each time I'll be hearing from the tree officers when they can (fair enough they are busy!)

I'm trying to find out how to proceed - I assume I don't pay for tree surgeons and fence repair until I know who is reimbursing us? Especially given the email thread I have that acknowledges the trees are damaged, and obviously that the trees were growing in next-door's garden, I just don't think we should be bearing the cost of this?

A brief chat with the occupiers ended with them saying "good luck with the council", so they are not going to be much help!

Anyone got thoughts? I don't really want this mess to last months, I'd like to get it sorted. Do I call my insurance first?

Thanks for any thoughts and advice!

I’d wait to hear what the council say. To be honest I’m surprised at their previous response. Years ago I inherited a house (non council) and I received a letter after a few months from the council saying that my back wall (which only backed onto another garden) had been deemed dangerous and I was given thirty days to sort it otherwise they’d sort it and bill me!

can you contact your building insurance?

does your insurance have legal cover?

I know this is really bad. But I'd be tempted to pay a tree surgeon to fell the other dangerous trees whilst you can get access with the broken fence panels

Sorry - is yours the Council property, or where the trees growing in Council land?

MAke sure you know Your legal position. I had to deal with my local council on a totally unrelated matter. They (and their website) told me they had no duty to pay what I was asking for. Eventually I did some googling and found the government statutory guidance on the matter. It turned out they were lying to me. After more than 6 months of them trying to ignore me and (when I did manage to force them to reply) only getting lies out of them, they finally caved in and paid. It took a lot of persistence and finding the proper legal situation on the gov website was the clincher.

I’d assumed the OP was in a council home in which case I’d have thought the council would sort this?

Do you know who your local Ward Councillor is? Ask them to chase it up on your behalf.

Check your insurance as storm damage is often not covered. Wording matters as the actual issue here is impact from falling trees so look at the accidental damage clauses. If it is covered then your insurer will tell you and what you need to do. They may pursue the council. If not covered then you will have to speak to the council about solutions but be prepared it may need legal action and they may defend it.

Take lots of pictures and save all your emails, file a complaint with the local MP and ask their office to represent you with the council. The council have 5 days to respond by law. This always gets this game moving.

@dizzydizzydizzy do you happen to remember the statutory guidance you found? We have a similar issues with a council tenant causing damage to our garden, refusing to reimburse us and have now gotten the council involved who of course, are saying it’s the tenants responsibility