Do we legally have to pay for our tenants’ tree to be felled?

Do we legally have to pay for our tenants’ tree to be felled?

9:36 AM, 13th May 2024, About 2 weeks ago 20

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Hello, I have a question. Our tenants have large and well matured front and back gardens. There is a well established, large tree in their front garden (over 50 years old) which is affecting the neighbour’s garden in as much as because it blossoms throughout the Spring and Summer months they are unable to sit out in their garden as bits come off the tree making it virtually impossible to take food or drink out there.

These neighbours are also tenants, although they rent from the local housing association.

They are asking our permission to get the tree taken down and also to pay for the work as it is in our tenant’s garden.

My question is….. IF, after consulting with our tenants, we give permission for the tree to be felled, do we legally have to pay for this to be done?

I look forward to hearing your response.

Thank you,

Andrea


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Comments

L Bennett

10:28 AM, 13th May 2024, About 2 weeks ago

Just prune it? It's a shame to kill the whole tree.

Nikki Palmer

10:34 AM, 13th May 2024, About 2 weeks ago

Wow.....people are becoming very entitled aren't they?

If the tree is felled and they are able to then sit out in their garden and enjoy their days eating and drinking alfresco, what's next? Will they start complaining about birds flying over from the direction of your garden or possibly flies landing on their food?

I think this needs to be managed correctly or we could end up with a country felled of anything green and wholesome and everyone being dictated to by the "I have a right to" squad

Graham Bowcock

10:43 AM, 13th May 2024, About 2 weeks ago

If it's your tree then it's your responsibility. I suggest you get your own advice as to what needs doing. Firstly you need to make sure that it's safe. Then you can deal with aesthetic issues.
This isn't something that tenants sholuld be paying for.

Sheralyne Stamp

10:45 AM, 13th May 2024, About 2 weeks ago

Reply to the comment left by Graham Bowcock at 13/05/2024 - 10:43
You are correct Graham , the tree is the owners responsibility.

Sheralyne Stamp

10:49 AM, 13th May 2024, About 2 weeks ago

The tree belongs to the owner not the tenant. You have a duty to cut the branches off to allow your neighbours (regardless if the neighbour is a tenant ) to sit in their garden without having tree sap, leaves, petals etc falling into their food / or having to constantly clean/sweep.
You would have the option to have the offending branches cut off or the whole tree felled and YES you would be responsible for paying the bill for this to be done.

NewYorkie

10:50 AM, 13th May 2024, About 2 weeks ago

Ridiculous! Typical of today's entitlement society!

There is likely to be a TPO on the tree, and unless it can be shown to be rotten or causing a danger, the council won't and shouldn't grant permission to fell it. Blossom blooms and then drops. It's nature!

Graham Bowcock

10:55 AM, 13th May 2024, About 2 weeks ago

Reply to the comment left by NewYorkie at 13/05/2024 - 10:50
I think I'm glad I'm not your neighbour!

Judith Wordsworth

10:57 AM, 13th May 2024, About 2 weeks ago

Reply to the comment left by NewYorkie at 13/05/2024 - 10:50
Very unlikely to have a TPO, and something one really wouldn’t want as you have to through hoops to even trim.

Judith Wordsworth

11:01 AM, 13th May 2024, About 2 weeks ago

Yes. It is your tree and maintenance is down to you.
Instead of felling, and get an arborist opinion as to what building structural damage could be done by felling instead of lopping/pollarding.

Tree work should be done in the winter as sap won’t be rising.

Read your buildings insurance policy re large trees near your building too as if not being regularly maintained you may find you are uninsured.

Mark Smith

11:14 AM, 13th May 2024, About 2 weeks ago

No you neighbour does not have an AUTOMATIC RIGHT TO DEMAND THIS. But I suspect you have missed the key issues.
First the tree is YOUR TREE not your tenants tree (unless they planted it) . It is your responsibility to manage it unless your tenancy agreement explicitly says something different.

This means you get to say what happens to it and also you get to pay for any work on it.

There are some exceptions though. Your neighbours (in practice their landlord) can cut off overhanging branches that hand over their property - so long as they do not damage the tree. They should ask your permission if their tree surgeons need to access your land to do this safely.

You probably need to ask yourself what you want to do about your tree. . Remember the root system is likely to be as big as the branches but underground and may cause damage to your own property or neighbour properties both of which can be costly and effect the resale value of your property - if your tenants lose light and suffer blossom drop . Also if you have never had it pruned their may be dead branches and if they drop and cause harm that also can be expensive.

Natural Blossom and leaf fall however is not usually a reason that your tree would be deemed a nuisance. The tree has been established 50 years and the landlords and tenants next door knew it was their when they aquired the property and kept silent till now.

In short you need to make sure you are maintaining your tree. Pruning as necessary and getting it checked for safety - but you don't need to be bullied by silly neighours whenever they complain about blossom fall or birdsong waking them up in the morning , or the noise of the wind in the branches or other similar complaints.

Also make sure you know about any tree preservation orders or other conservation rules relating to your property before you agree to anything or do anything though.

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