If the tree is in the neighbours garden who is responsible for trimming!

[Pestoisthebesto]

Landlord has asked us to trim down a tree that is over hanging into our garden, but the tree is not in our garden, are we responsible for trimming or would it be the neighbours seems as it's there tree? We've been told if we don't do it she'll get professionals in and we'll get the bill. Just after advice.

Legally you can trim overhanging branches back to the boundary but it's not something you should be paying for if it's your landlord that has an issue with it.

I think if it's overhanging you're able to trim it to your boundary if you'd like to (neighbours aren't under any obligation to as far as I'm aware) but it seems odd you'd get a bill from your landlord, if they've got the issue they can pay.

That’s not quite true. It depends on the terms of the rental agreement and what maintenance is required and why they want it trimmed.

and yes op you can trim it

But it's not in OPs garden so why should she pay for maintaining a tree belonging to the neighbour?

The op hasn’t said why the landlord wants it trimmed back. So I can’t guess at the reason.

I think she wants it trimming as it's affecting the fences in the garden. I'm just a bit stressed as we've got a month to do it, it's autumn so it'll probably rain every weekend so it'll be less likely we'll get it done, if it's the neighbours responsibility it'll make it easier.

OP we are landlords renting a flat with a garden. We are responsible for the costs of maintaining the garden but agreed with tenants in the contract that they would maintain it, mow the lawn etc.

So I can't imagine it being your responsibility to maintain the garden at your own cost unless that is specified pretty clearly in the rental agreement.

I just don't see that's its your responsibility. Could you try talking to your neighbour about it and see if they will cut it back?

If the tree has a TPO on it or you’re in a conservation area, you cannot just trim back to the boundary, you need to apply for permission first.

The neighbour who owns the tree is ultimately responsible for cutting it back but if they can’t/won’t, then as previously mentioned, you can cut back to the boundary unless it’s protected.

I would go back to your LL and ask her to contact the neighbour herself to ask them to cut back the overhanging branches. If they say no, but agree that she/you can cut them then that’s between you and your LL as to who does it.

Finally, ‘offering the cuttings back’ does not mean ‘throw them over the fence’.

This is totally the Landlords responsibility, nothing to do with you whatsoever. As for giving you a month to do it... what a CF!

@SilentHedges not necessarily. It depends what is in the contract. They often ask tenants to ensure the garden is kept in a reasonably maintained manner so that they don't let it grow into a jungle. This is exactly what I have in my contract and my tenants look after the garden.

If the tree is hanging over from another property and causing damage however i do agree the landlord should be contacting the owner of the tree in the first instance, it seems logical.

The landlord cannot make you do this or charge you to trim a neighbours tree. It would be an unfair term in a consumer contract or an unlawful fee under the Tenant Fees Act.

The landlord can:
ask you but not compel you
Can do it themselves but not charge you
Or ask the neighbour to abate the trespass.

Stand firm! Yes you may have responsibility to maintain your garden but not a neighbours. CF Landlord

@Treacletoots I get that some contracts expect tenants to keep gardens reasonably maintained, which is perfectly reasonable. A tree is somewhat more complicated, I.e. does it have a TPO, when is the correct time of year to prune it, does it require a professional. As mentioned up thread this is really a convo between the landlord and neighbour.

To tell tenants if they don't do it, the landlord will get in their own professional and send the tenants the bill is an absolute piss take.

I do some work for a Letting Agent and we would say that this is property maintenance and therefore the LL would pay and would advise the LL of that if they insisted the tenant should.

Even if the TA states that the garden must be maintained, it wouldn't include surgery on the neigbour's trees.

Thank you all for your advice I really appreciate it, I think we're going to contact citizens advice, hopefully they'll be able to give us more information, check our tenancy agreement and hopefully guide us from there.

We have a tree that overhangs in our garden and the neighbour has always taken responsibility. Every now and again they will ask to get access so that they can come and cut it. Tbh I always just assumed that as it's in their garden it's over to them to maintain

I would have assumed that was for your landlord to sort out, not you. Next door's tree shouldn't form part of your garden maintenance duties.

The tree is owned by the neighbours; it is therefore their responsibility for maintaining it. You are legally permitted to trim any overhanging branches which cross over your property's boundary (as long as you return the cut off parts to them- bizarre, I know but that's the law), however you're not obliged to do this.

I can't see how you can be responsible for a tree neither you nor your landlord have any maintenance obligations for, unless there is a VERY specific clause in your lease which refers to overhanging branches of a neighbours tree...