Tenant cut the apple tree down in the communal garden?

Tenant cut the apple tree down in the communal garden?

Gardener pruning fruit tree branch with secateurs and gloves
8:30 AM, 29th September 2025, 7 months ago 15

Hello everyone, One of my tenants cut the apple tree down in the communal garden. Her excuse for doing this was that I didn’t tell her she couldn’t cut it down! It was a tree laden with apples.

I told the tenant I expected her to replace the tree, and she said I was disgusting with lots of other swear words directed at me, which took place in front of other tenants.

What should or can I do about this now? Is it criminal damage?

Should I increase the rent? Serve the tenant with a Section 21 notice and ask her to leave?

Or do nothing?

Any suggestions or advice, please.

Many thanks.

Paul


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Comments

  • Member Since November 2016 - Comments: 227

    2:50 PM, 4th October 2025, About 7 months ago

    S21. I’m guessing you haven’t told her she’s not allowed to to take the roof off or paint the carpets.

  • Member Since December 2023 - Comments: 31

    2:06 PM, 5th October 2025, About 7 months ago

    If it is a house with a garden, then unless you have something specific in the AST, I don’t imagine there is much you can do. But is sounds like this is some flats or something? In which case she has damaged the communal area and you should treat it the same way. This isn’t Sycamore Gap, so criminal damage isn’t the way forward, but you could request the cost of a replacement tree and if she refuses you could sue for it. Of course even then she might not pay.

    It doesn’t sound like the kind of tenant I would want to have. How did you select her? Maybe the biggest lesson here is to re-evaluate you tenant selection process.

    You could consider section 8 eviction based on damage to the property or breach of tenancy (if applicable), but these are not mandatory grounds so the court does not have to uphold the eviction. If you sue her, she may stop paying rent out of spite, then that is a mandatory ground for eviction after 2 months (soon to be 3 months). I have never used S21, as I feel it’s not the right thing to do. But you may feel otherwise.

  • Member Since August 2013 - Comments: 161

    2:11 PM, 8th October 2025, About 7 months ago

    Tenants… an endless source of comedy gold! 😂

  • Member Since March 2023 - Comments: 1506

    4:44 PM, 8th October 2025, About 7 months ago

    Frank, freezing the bank accounts and making the tenat bankrupt is certainly possibe BUT it is the landlord who will have to foot the cost for these actions NOT the tenant, so not really practical.

    I think you will find that if an S21 is issued (do it anyway) the tenant will stop paying the rent.

  • Member Since September 2021 - Comments: 104

    5:31 PM, 8th October 2025, About 7 months ago

    Reply to the comment left by GlanACC at 08/10/2025 – 16:44
    Yes it’s true GlanAAC.
    The initial costs will always be born by the Landlord in taking legal action against a bad tennant.
    However the legal costs incured can be added to the rent arrears, and all the other costs in the process of obtaining the CCJ, a money order can be obtained by the courts to help pay back the rents plus costs.
    Bankruptcy stays on the books for 6 years so I’m told, as well as the CCJ. However the outstanding debt is not time limited, unless the tennant pays off the debt, which is called a Settled debt. Freezing the tennants bank accounts is just another tool, to help you get the debt paid.
    So when letting to new tennants the order of the day is to ensure not only there are no CCJ’s but also that there are NO OUTSTANDING DEBTS, or bankruptcies.
    The credit check company will ask these questions and they have to be answered truthfully, or else it can be considered a fraud. That is, making a false legal statement to obtain a tenancy by deception.
    Ultimately the decisions to go for justice in the courts is your choice.
    I could be wrong about all this so maybe someone who knows, can correct me.
    In any event this is not legal advice, and proper legal advice from a property expert should always be sort. However i did find this…
    lying about a CCJ on a rental application is fraudulent, as it misrepresents a material fact to the landlord, even if the CCJ is older than six years and would not appear on a public register or credit file. While a CCJ over six years old typically drops off a credit file, it is not “statute-barred” and can still be found, especially if the tenant is asked about it directly, and the information is crucial for a landlord to assess risk.
    Why the lie is fraudulent ….
    Misrepresentation of Material Facts: A CCJ, regardless of its age, is a relevant fact that a landlord uses to assess the prospective tenant’s financial responsibility and reliability. Lying about it is a misrepresentation of a material fact.
    Intent to Deceive: By intentionally providing false information, the tenant shows an intent to deceive the landlord. This intent is a key element in proving fraud.
    Impact on Landlord’s Decision: A tenant with a history of CCJs may be more likely to default on rent or be a financially unstable individual, which is a risk for a landlord. Lying allows them to bypass legitimate checks and obtain a tenancy they might not otherwise qualify for.
    The distinction between public records and the actual CCJ…..
    Public Records: After six years, a CCJ is usually deleted from your credit report and the Register of Judgements, Orders and Fines. However, this doesn’t mean the CCJ never existed; it means it’s no longer a readily searchable public record.
    Actual Existence: The CCJ still exists legally, and the creditor could, under certain circumstances, apply to the court for permission to enforce it, even after six years.
    What can happen if they lie ……
    Eviction: If the landlord discovers the deception, they can evict the tenant for fraud.
    Breach of Tenancy Agreement: The tenancy agreement could be deemed invalid from the start due to the fraudulent application.
    Reputational Damage: This could also affect the tenant’s ability to secure future tenancies and obtain credit.

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