Tenant cut the apple tree down in the communal garden?

S21 whilst you still can.
When you gain a Possession Order it’s valid for 5 years.

Yes this could be construed as criminal damage (Criminal Damage Act 1977 s1(1) )

Do you own the Leasehold for the property or the Freehold for the building?

If the Leasehold, the Freeholders can require you to replace the tree with something more than a sapling.

Did she cut it down and dispose of it herself or did she get someone in to do this?

Let her know now that the cost will be deducted from her deposit. Have you photos of the tree before being cut down? In the process? After?

If you are the Freeholder, then send yourself (as Leaseholder) and cc’d to your tenant, or if not a Leaseholder directly to her, that the cutting down of the tree has been reported to the Police as an act of criminal damage (do it and get a crime number though they wont do anything) and that reparations and replacement are required.

Reply to the comment left by Judith Wordsworth at 29/09/2025 – 10:22
Regrettably, the police will do nothing other than give excuses as to why this is not criminal damage.
As to the tenant, why should she cut down a tree when it is less effort to do nothing?
Section 21 while you still can.

We have a clause in our tenancy agreements informing tenants that they mustn’t lop, top or cut down trees or bushes without written consent. Do you have any similar wording in your agreements?
Either way, her behaviour sounds unacceptable. You should be able to discuss an issue with your tenants without anyone being abusive.
I wouldn’t want to have her as a tenant going forward. She sounds as though she would make a very bad neighbour as well. If you own more than one property in the block she could cause you a higher tenant turnover in your other properties.

Reply to the comment left by Jim K at 10:04

Does anyone know how the 5 years its valid will be affected by the RRB?

Probably going against the grain here a little bit. Had a long term tenant in a 3 bed semi that wanted to cut down a plum tree due to the wasps and I agreed. She’s been there for about 7 years and it’s 1 less thing to maintain. An apple tree in a communal garden may have been a different outcome. All the tenants could have benefited from free apples, so I would have probably made an issue about it if the rest of the tenants had a problem with it. Eithere way, doing it without consent would put her on my radar

Report it to the police.

Write to the tenant by email and explain what she did and when you held your meeting with her and her responses verbatim. State the cost of replacing the tree with one of the same age and attach evidence.

Keep this correspondence for when claiming from the deposit.

I can feel for you,
I am in same position, the tenants cut down two apple, one pear and one grape that were years and years of old age.
Very health trees with tons of top quality fruits, the excuse first was they were too close to each other and then when that was not the case in some trees, then it was mould growing on branches.
It is heart aching when every time we see our old pictures when we lived there with those trees full of fruits.
We were told that we should have been more specific about these trees to form part of AST.
So we issued S21, and after long process, got warrant for eviction last week and now waiting for Bailiff appointment, which they say 12 weeks wait time.
Meanwhile the Tenants stopped paying rent for several months now.
I cannot believe there exist such heartless people who could just uproot trees.

What does your tenancy agreement say about maintaining the garden?

Your post is unclear what type of communal garden. Is this the Freeholders garden, a HMO garden?

I think these are important points affecting the advice given.

Reply to the comment left by Bas AD at 14:14

Issue a S21 and when that has been done, and you have it, Don’t forget to obtain the possession order so you can instruct the baliffs to evict, and also get a CCJ & money attachment order to their paid salery job, or bank accounts. You can get all their bank accounts frozen if you get the CCJ. Run the two together. Taking them to bankruptcy court is also an option, but might be expensive.
I would seek legal advice anyways on all of the above, to get all your ducks lined up.
In future always have a gaurrentor as well as rent insurance and get a credit check on them.