Tree was trimmed by landlord in my garden without my consent

Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Fri Mar 18, 2016 8:45 am

Collaborate wrote:I really don't know why you've come on here.

Rude as f**k, and apparently you know the answer anyway.


What are you talking about. How exactly am I being rude? Did I swear or abuse at anyone, like what you just did. So who's being rude here? This is a very unprofessional way of addressing someone. Is it because I am saying that on this forum there are mainly landlords, land owners, etc. Are you in one of these categories and I have offended you or anyone else? I got to roughly know the answer from this forum from other people, even you at some point.
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Re: Tree was trimmed by landlord in my garden without my con

Postby Collaborate » Fri Mar 18, 2016 10:03 am

so you'll all be biased and actually against me


management companies will try to fleece as much money as possible from the leaseholder and they will over inflate their costs and add work that does not need to be done. They are one big con and they get away with it somehow


If that's not rude, you'd better explain the new definition of the word.

I am not a landlord. Or a management company. Nor do I have any links to them.

I am a solicitor. Who give his time freely to try and help people.

Sometimes people think that if they receive advice that is unwelcome, they can dismiss it by alleging bias in the advisor. You are one of those.

I have no time for you.
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Re: Tree was trimmed by landlord in my garden without my con

Postby Collaborate » Fri Mar 18, 2016 10:33 am

Because I called him rude? No, can't be that.

Because I used the word f**k? Possibly that's what you're referring to, but none of us come here to be accused of bias. There's nothing in it for those of us giving advice to the best of our ability. I personally don't expect gratitude. However, I will not tolerate my independence being called in to question. While you may think my tone was ruder, I venture to suggest that the underlying message in Tone's comments was by far the rudest.
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Re: Tree was trimmed by landlord in my garden without my con

Postby despair » Fri Mar 18, 2016 10:46 am

Whilst I understand the OP being upset that their tree was trimmed without notice

I do find it totally incongruous that they are now prepared to cost themselves 10s of thousands of pounds defending their own admitted failure to maintain their garden in contravention of their lease and are thus objecting to the resulting bill from management company for tackling the problem

I have no doubt that the bill is unnesscarily excessive and that needs addressing but the result of failure to act on the management companies first warning letter lies fair and square with the OP
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Fri Mar 18, 2016 11:00 am

despair wrote:I do find it totally incongruous that they are now prepared to cost themselves 10s of thousands of pounds defending their own admitted failure to maintain their garden in contravention of their lease and are thus objecting to the resulting bill from management company for tackling the problem


Thanks for your advice. Revenge is sweet though. It's the principle of the matter.

The first letter only mentioned the state of the garden and no mention of the tree incident. They took photos as evidence of the garden only and not the tree. The second letter was the bill for the tree cutting, they did not touch or clear my garden, this is something I did a couple of months afterwards. If they did clear my garden at the same time they cut the tree, then I would just pay them as I would accept it was my ignorance, but this is not the case.
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Re: Tree was trimmed by landlord in my garden without my con

Postby cleo5 » Fri Mar 18, 2016 2:08 pm

Tone,
Folk on here only try to help . To give a bit of support.

Things get heated because online forums are very different from talking face to face and things get misinterpreted.
Leases are complicated and often we miss a clause or two. I have read my house deeds hundreds of times and still bits make no sense.

My house isn't worth much. It happens to have a bit of useless land with it. Ok for goats etc. I'm Just an ordinary OAP who loathes injustice.


There are highly qualified people giving their advice for free so it pays to take on board what they say.

I know where you are coming from as have read a lot about this particular management firm.
You are not the first to be taken for a ride by them. But hopefully you will be out of their management soon.

If the charge was unreasonable then contest it.
They should have informed you before they trespassed and commenced work in your garden.
Your solicitor may be free but court costs can be enormous.
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Fri Mar 18, 2016 11:06 pm

Hi cleo5,

Thank you for you kind advice. Yours and everyone else's help here is much appreciated. I think some people in this world are just a little sensitive and they got me all wrong from the start, what can I do, but that's their opinion and I don't hold it against them.

I think I am done here now and just get on with what I need to do to resolve this issue.

Take care,
Tone
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Sat Mar 19, 2016 3:34 pm

Just to let those who have helped me and to let people who stumble across this thread that I went to see a solicitor this morning to resolve my predicament. He went through my lease and we spotted a clause under section 3, paragraph (h), that if any such works are to be carried out, the lessor must give notice. They didn't give me notice as expected. He also said that in the first letter he sent me about the state of my garden, there was no mention and photos of the tree needing to be trimmed and therefore the lessee wouldn't have known anything. He also said that I am not obliged to pay them as they broke the rules. He is writing a legal letter to them right now. Hopefully this will end the matter.

Hope this helps some people who are in a similar position to me.

Regards,
Tone
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Re: Tree was trimmed by landlord in my garden without my con

Postby cleo5 » Sun Mar 20, 2016 2:25 am

That's good!
See "The devil lies in the details". You can read something over and over and not spot it whereas fresh eyes will.
Hopefully the Management Co. will accept that they erred in not informing you beforehand. You can bet they will try to wriggle out of it if they can.
Good Luck!
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Re: Tree was trimmed by landlord in my garden without my con

Postby arborlad » Tue Apr 05, 2016 12:52 pm

Any possibility of a before and after photo of the tree and what the charge was.
arborlad

smile...it confuses people
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Re: Tree was trimmed by landlord in my garden without my con

Postby snyggapa » Wed Apr 13, 2016 10:11 pm

tone wrote: we spotted a clause under section 3, paragraph (h), that if any such works are to be carried out, the lessor must give notice. They didn't give me notice as expected.


what the solicitor found, by seeing the precise details of the terms of the lease, is probably remarkably similar to what people here would have pointed out to you had they been shown the precise details of the terms of the lease, as asked for but ignored by you.

just sayin...
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