Tenancy And Trees

[Veebird]

We have some conifers that are leaning and have started to die and go brown so we asked the landlord's help to have them lopped. They say that these are shrubs that have been neglected and are our responsibility. We have been here 11 years and we did not plant them, they were already 15 - 20 ft high when we came. We have a big garden with other shrubs and a hedge which we maintain and take a pride in but this is a much bigger job. We are in our seventies and think this should be the landlord's responsibility as they have already removed one tree from this site which blew down across the drive and another tree which was dead a few years ago.

We have a new agent and she has quoted the tenancy agreement which says ' to keep any garden or ground which may be included in the premises in good order and condition and properly tended manured and cultivated and to preserve any tree or trees in the garden of the premises in accordance with the principles of good aboriculture.'

So where do we go from here?

[woofgang]

well from what you say that your tenancy agreement says, (does your copy say that ?) IMO you are liable for the work whether or not you planted the trees....

[Veebird]

The agreement says to preserve any tree but these are dead and leaning over the drive. They need lopping not pruning and the Estate have done this in the past.

[Peter Pedant]

yup and you arent preserving them either they are ex trees ...

visit CAB - they know about these things.....

[EDDIE51]

I have to agree that your tenancy agreement says you have to do what ever is needed for the trees, if that includes lopping them so be it. The 'Principles of good Aboriculture' would I am sure tell you to lop them if they are dead.

[Peter Pedant]

there is quite a lot of money involved in this ed
which is why each party is saying not me ....

and I think it is worth taking advice ....

actually the council may know - easy one when a tree is taken down subject to a TPO does the tenant usually pay or the landlord or is there an almighty fight over the cost ?

[Peter Pedant]

.

There is a contract case in law where a delivery company excluded damage to suitcases howsoever caused
and the suitcases ended up being thrown overboard a ship (!)

PLaintiff claimed on the grounds the suitcases were not demaged but destroeyd and the courts wore it ( plaintiff won )

oh and make the point you are not preserving the trees you are taking them down

[woofgang]

PP the OP doesn’t say they are removing the trees but having them lopped.....

[EDDIE51]

Yes, I was assuming Veebird meant felling the trees as they 'have started to die' but perhaps they just mean to cut them down to a smaller size. Does not alter who pays though.

[Chipchopper]

I would argue that the landlord has a duty of care to make sure the the trees are in a safe condition and reasonable steps should be taken to avoid any future risks or injuries.

I would recommend seeking advice from a solicitor.

[woofgang]

before you get advice from a solicitor, get a price for the treework....it may be cheaper just to get the work done than pay a solicitor’s fee.

[Veebird]

The agent (who I suspect does not do any gardening) actually said it would cost them £100 to hire a skip but we could use our green bin over several weeks. As if. These may have been shrubs 20 or 30 years ago but they are now trees with thick trunks and there are two or three which are dead. The tree man the agent sent said that snow and frost had got inside the trunks and killed them. Some at least need to be removed, not pruned. It's all crazy. Might approach the Estate again and then think what to do, maybe CAB. but I know this much, I'm not spending a load of money on it. They'll want another rent increase next and all this from a landed gentry estate, selling off agricultural land for building and making a mint.

[EDDIE51]

At least get a few quotes to do the work. Then at least you know if it is £100 or £1000s.
Ask around, I used to know a guy who would chop down trees for free if he could use the wood for his log burning stove. Moved away now though.

[EDDIE51]

Some good information here
http://quotationcheck.com/tree-cutting-pruning/

[Peter Pedant]

// Ask around, I used to know a guy who would chop down trees for free if he could use the wood for his log burning stove. Moved away now though.//

I used to know a guy who dressed in green and used to carve .....

this is a legal thread - and anyway the poster seems to know what he is gonna do
The last skip I hired ( Dec 2015 ) was £230 inc VAT

remember that solicitors kick off at £200 / h and tree surgeons are likely to be much cheaper

[tandh]

Have a look here https://www.citizensadvice.org.uk/law-and-rights/legal-system/taking-legal-action/do-you-need-legal-advice/and this page will help you find some free legal advice https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you