Another one of these threads, sorry in advance….

Anyway. Been in this house now for 8 years, and for all of that time, my neighbour immediately south of me has rented out their house. 100 ft south of me from the front of my house, on the border of their property, they have a row of trees. These run E to W for approximately 100ft. These are mostly conifers.

When we moved in, these were approximately 30 ft high- they’re now about 50, which I think is about as high as they get. Unfortunately for me, with my front windows being south-facing, I’m losing more and more light every year. In the winter, the sun doesn’t clear the trees until about 1pm. I’m getting moss on the roof, fair enough, but its just the dreariness that’s getting to me.

I contacted the letting company to ask them to speak to the owner. They sent round a tree surgeon who agreed that they’d need pruned, and also found that the neighbours of this house to the south and west also had a need for his services.

Last week, I was on the verge of getting back in touch with the letting company, only to get a personally-addressed letter through the door. The owner had clearly heard that I’d been making enquiries, wanted me to know that she’d sought legal advice which told her she had no obligations, but would extend the hand of friendship and let me prune the trees myself if I wished….*

So I know that the High Hedges legislation is the way to go, as I don’t think I’ll get a reasonable response from this owner. According the various gov websites, this will cost me £441. I’m willing to pay this just to get some light back. But I wonder if I could recoup this afterwards, if the council agrees that the owner needs to act, by making a small-claims court action?

Apols in advance for this very 1st World matter.

*Out of the blue, the tenant came to my door to tell me that she too had been trying to get the owner to trim these trees, as a large bough broke off in high winds late last year and demolished her daughter’s play-house….fortunately the child wasn’t in it at the time.

?? The owner has given you the go ahead to prune the trees. If it was me I would go ahead and prune them down to ground level.

According the various gov websites, this will cost me £441

I know nothing about that legislation, but Shirley those websites would make it clear if you could claim this back from the neighbour?

I’m a bit confused. You want the trees pruned, the owner has said you can prune them. Surely just call the tree surgeon and get them pruned

I’m stumped as to what the problem is…

When I had a ridiculously large row of conifers, my neighbour approached me about them. I said I wanted to do something about it, but couldn’t afford it at the time. A couple of months later someone from the council appeared and threatened me with an ASBO if I didn’t have them reduced.

In the end it cost about 7-800 quid to have them reduced in height, the neighbour contributed £100 towards it as a good-will gesture.

I think that is probably your best line of attack, I’ve no idea how you’d go about claiming money back if you’ve willingly paid to cut them down with the owners consent.

*Out of the blue, the tenant came to my door to tell me that she too had been trying to get the owner to trim these trees, as a large bough broke off in high winds late last year and demolished her daughter’s play-house….fortunately the child wasn’t in it at the time.

If you think this is likely to get a result leave it with the tenant otherwise…

?? The owner has given you the go ahead to prune the trees. If it was me I would go ahead and prune them down to ground level.

You may find not only gets you the trees brought to the level you want but is actually cheaper (and immeasurably quicker) than any legal process.

Do you mean the other neighbours are also want the same trees pruned? In which case just chip in and get the job done.

Or am I barking up the wrong tree?

Set fire to them

Careful if you try to do it yourself…

When discussing a similar problem recently, I was told that a large bag of salt around the base would “prune” the tree right down!

I would suggest that the landlord doesn’t want to prune the trees as it’ll cost £££ and has been ignoring you becasue of this. Now the tenant is complaining that they aren’t safe and need cutting back they’re trying it on to see if you’ll pay to get them done so they don’t have to.

I’d tell them to do one, and tell them why (tenant has requested it and they’re trying to avoid paying), I’d also get in touch with the council re the safety of the trees, as the tenant may not want to risk the landlord serving notice on them.

Edit: Torch them.

You’re only entitled to trim the bits of the tree that overhang your property, you can’t lean over and cut the trees on your neighbour’s property. You can also throw the bits you’ve cut off back into your neighbour’s garden.

So…

– neighbour wants you to prune their trees, at your time, expense and liability.
– you want to actually force them via forthcoming high tree/hedge thing (£441) or recoup your costs (£?) by going to small claims?

Or am I barking up the wrong tree?

Personally, if you have permission (in writing, natch), I would just get all the neighbours to chip in for a tree surgeon, divide by how many + 1 share for the hedge owner, and invoice them all. If the owner doesn’t pay up front, then owner is entitled to the cuttings – so I would get the tree surgeon to drop them into the owners garden and leave.

(BTW, we live at base of north facing ex-railway embankment with a line of 7′ high fences and 50′ high sycamores along the top. We don’t get light in windows from start of December to end of January. You can daily see the line of light moving closer as February arrives – until start of March when we get full sun back. Our road can be -5 i a morning, behind the houses are above freezing in sun…and don’t get me started on the moss/grass issues.)

Thanks all, useful advice.

I don’t want to go anywhere near tree cutting myself- if I could somehow do it myself, I’d need chainsaws and ladders, and I’m not paying the whole of the owner’s tree surgeon costs.

“I would suggest that the landlord doesn’t want to prune the trees as it’ll cost £££ and has been ignoring you becasue of this. Now the tenant is complaining that they aren’t safe and need cutting back they’re trying it on to see if you’ll pay to get them done so they don’t have to.

I’d tell them to do one, and tell them why (tenant has requested it and they’re trying to avoid paying), I’d also get in touch with the council re the safety of the trees, as the tenant may not want to risk the landlord serving notice on them.”

It feels that way. The only way the owner could have known about this is that the letting company told her, and that would have included the tree surgeon’s findings. This feels like an attempt at an end-run.

*Out of the blue, the tenant came to my door to tell me that she too had been trying to get the owner to trim these trees, as a large bough broke off in high winds late last year and demolished her daughter’s play-house….fortunately the child wasn’t in it at the time.

I think that this is the key point. The tenant has requested that they be pruned also, and the LL is trying to shift the cost onto the OP, which marks them out as one of the shitty LL’s I was fortunate enough to avoid when I was renting.

Edit: Crossed posts 🙂

“Personally, if you have permission (in writing, natch), I would just get all the neighbours to chip in for a tree surgeon, divide by how many + 1 share for the hedge owner, and invoice them all. If the owner doesn’t pay up front, then owner is entitled to the cuttings – so I would get the tree surgeon to drop them into the owners garden and leave.”

Good suggestion Matt, but there seems to already be a statutory process for this kind of thing, which I believe came about precisely because of the different ways these situations could be handled and hence a need for a consistent process.

In which case, call the council tree officer, say that you and tenant have concerns over safety (and there has been an incident already) and ask what to do…

£441 is likely much cheaper than a tree surgeon, I would take legal advice on household insurance policy about if you could reclaim this later.

You can also throw the bits you’ve cut off back into your neighbour’s garden.

Not true. You have to offer the trimmings to your neighbour as they are their property. Your neighbour does not have to accept them and then its your responsibility to dispose of them.

I should also maybe mention that in the week that the letter was delivered, I was up at 6 every morning.

On 4 mornings out of 5, I noticed an unfamiliar car (its a cul de sac and I know most of the cars that frequent) idling outside our house. As we’re at the end of the cul de sac, it struck me as odd that the car had the drivers door facing the house- this meant that the driver had purposely reversed down the road in order to have that side of the car facing our door.

When I’d open the curtains, they’d fairly quickly drive away. Solo driver, not picking up anyone for work or similar. Odd behaviour, but its apparently been the LL’s car.

How much has the tree surgeon quoted for pruning?
It seems like the best way forwards is to simply pay to get them pruned yourself, but agree on the finished height with the other owner beforehand so they can’t come back at you if they come down too much.
If you can spread the cost with your neighbours then even better. If you take this approach it may cost less than legal action which has no guarantee of success and relations with the landowner will be way better.

“In which case, call the council tree officer, say that you and tenant have concerns over safety (and there has been an incident already) and ask what to do…

£441 is likely much cheaper than a tree surgeon, I would take legal advice on household insurance policy about if you could reclaim this later.”

Yeah, I think this is the best way forward.

“How much has the tree surgeon quoted for pruning?
It seems like the best way forwards is to simply pay to get them pruned yourself, but agree on the finished height with the other owner beforehand so they can’t come back at you if they come down too much.
If you can spread the cost with your neighbours then even better. If you take this approach it may cost less than legal action which has no guarantee of success and relations with the landowner will be way better.”

I don’t know about the cost- at present its between the LL and the letting company. As said above, spreading the costs would possibly work, but the High Hedges act effectively compels the owner to do the work if the council find that its necessary. It may sour relations, but I have no relationship with them anyway and nothing to lose.

I would take advice from the council as to whether a High Hedges application is likely to be successful. If the reply is in your favour, go back to the LL, say that you don’t want to put a complaint in, as it will cost you 400 quid, but you will because it is likely to be cheaper than the work if you just paid for it yourself, as he suggests.

(I don’t think the fee for the complaint can be reclaimed).

Then offer to chip in 100 quid towards the work if he does it before spring and ensures that enough height is taken off.

at present its between the LL and the letting company.

Good luck with that…

Where in UK are you – can you speak to landlord direct and just be blunt?

I have just been emailing a few other landlords from our buy to let building – going direct is *much* better than the lying waste of space that is agents…

I have no relationship with them anyway and nothing to lose

although you;d have to declare it if you ever choose to sell and some people might see any sort of dispute with neighbours as being of concern?

Get your own quote for the work so you know what the scale of it is.

Also, if you have the work done you get to choose how low to cut them. 20ft might suit you?

finally – beware of getting any branches below the height they’re trimmed to cut off – once they go bald conifers never grow those branches back so you’ll be looking at bare bark for ever moew.

I would take advice from the council as to whether a High Hedges application is likely to be successful. If the reply is in your favour, go back to the LL, say that you don’t want to put a complaint in, as it will cost you 400 quid, but you will because it is likely to be cheaper than the work if you just paid for it yourself, as he suggests.

Unfortunately, the money needs paid up front for the council to assess. Otherwise I’d likely do this.

Where in UK are you – can you speak to landlord direct and just be blunt?

I could, and it would normally be my way- I’m just deterred by the tenant’s statement about chasing them already. Although it might work…..oddly enough, the car that I mentioned is a striking one, and it parks up 2 streets away. Private plate as well, and I realised the other day that the owner is the mother of the previous tenant, who I got to know quite well. So I could knock the door…

Scotland btw.

once they go bald conifers never grow those branches back so you’ll be looking at bare bark for ever moew.

Ace, lots of sunlight….!

Ace, lots of sunlight….!

Only if the side facing away from you is similarly trimmed…

Only if the side facing away from you is similarly trimmed…

Everyone likes a well trimmed bush.

although you;d have to declare it if you ever choose to sell and some people might see any sort of dispute with neighbours as being of concern?

This is true, and I’m generally a ‘can we have a chat about this?’ sort of person, so I’d prefer to do it that way. Mostly.

Unfortunately, the money needs paid up front for the council to assess. Otherwise I’d likely do this.

To be fair, looking at the criteria, I can’t see how you wouldn’t be successful. So it comes down to whether the LL can be convinced it’s in his financial interest to work with you to get it sorted.

You can poison trees, apparently.

I strongly deny any accusations that i gleamed this knowledge from watching my dad do it to his **** of a neighbours connifers, which were causing the same problem but who also refused to get them pruned. 😉

How about getting together with tenant, neighbours and Council for a coniference on the matter and see if you can root out a solution.

Apparently the “best” way to do this is to remove a plug of bark with a penknife, drill a hole in the tree and fill said hole with red wine/milk/something else equally “live”/nasty (left over xmas cheese?) for the tree and then glue the bark plug back into place.

franksinatra

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How about getting together with tenant, neighbours and Council for a coniference on the matter and see if you can root out a solution.

😉

How about getting together with tenant, neighbours and Council for a coniference on the matter and see if you can root out a solution.

It’s worth finding out the Ley of the Land, but i wouldn’t pine my hopes on an easy fix.

You can poison trees, apparently.

Although this would be fairly pointless as the dead trees would still be there blocking the light!