Tree was trimmed by landlord in my garden without my consent

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

Postby Collaborate » Wed Mar 16, 2016 7:32 am

I'm going to deviate slightly from what the others have said.

they still have to prove that you owe the money. Get them to spell out very clearly which contractual provision they are relying upon.

Look at the whole lease. the snippet you've posted may be taken out of context. There will be a whole section on management charges. Look through that yourself. Don't rely on them telling you.
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Wed Mar 16, 2016 5:04 pm

cleo5 wrote:Tone,
Judging from all the stuff online about this particular company you are not alone.
Others have also had reason to be disgruntled by their charges.
I don't think anyone should enter your property without first requesting permission (common courtesy) and stating their purpose.
They did not even give you the chance to say that you would carry out the work yourself. (But maybe they didn't want to.)

As for the charge. The cost of tree surgery work can vary enormously according to risk involved/time needed etc etc. What you might do in half an hour might for nothing might cost £500 by an expert.

They can charge whatever they like.
You can write and dispute the cost but some management companies have little or no integrity while others are the opposite

Write by all means and complain. You might get a part refund if you're lucky but otherwise just let it go and hopefully you will soon be no longer with that company.


Hi cleo5,

Somebody who understands my issue, so thank you for your response.

I will do everything in my power to dispute every single charge and to dispute the tree trimming incident as like you said, they should have contacted me about it first and therefore, I believe they broke the leasehold law. I've been speaking to my solicitor and he actually agrees with me, surprisingly. He also said that they may have trespassed, although we need to look into this. I'm seeing him this weekend with all my documents. A lot of people in a similar situation as me tend to give up and pay their charges as it is easier and less of a headache, although they messed with the wrong person as I never give up, from parking fines to council tax issues, I tend to get results.
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Re: Tree was trimmed by landlord in my garden without my con

Postby MacadamB53 » Wed Mar 16, 2016 5:16 pm

Hi tone,

you own the leasehold to a flat and garden.
your leasehold agreement sets out that you must keep the garden 'neat and tidy'.
you haven't kept the garden 'neat and tidy'.
your landlord sent you two letters asking you to tidy the garden.
you didn't take action.
your landlord had the garden tidied and has sent you the bill.
whilst there, his agent also trimmed a tree in the garden that was causing an actionable nuisance to the landlord's property.

you believe he should have asked for your permission before tidying the garden.
you believe he should have asked for your permission before trimming the tree.

your landlord disagrees and has sent you a letter explaining why.

can we see the contents of this letter please? (redact any personal info).

Kind regards, Mac
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Re: Tree was trimmed by landlord in my garden without my con

Postby Collaborate » Wed Mar 16, 2016 5:34 pm

They may only bill you if the lease allows it.

Why haven't you read through the lease? There will be a section on management charges.
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Wed Mar 16, 2016 5:57 pm

MacadamB53 wrote:Hi tone,

you own the leasehold to a flat and garden.
your leasehold agreement sets out that you must keep the garden 'neat and tidy'.
you haven't kept the garden 'neat and tidy'.
your landlord sent you two letters asking you to tidy the garden.
you didn't take action.
your landlord had the garden tidied and has sent you the bill.
whilst there, his agent also trimmed a tree in the garden that was causing an actionable nuisance to the landlord's property.

you believe he should have asked for your permission before tidying the garden.
you believe he should have asked for your permission before trimming the tree.

your landlord disagrees and has sent you a letter explaining why.

can we see the contents of this letter please? (redact any personal info).

Kind regards, Mac


Hi Mac,

A copy of the first letter about cleaning the path to the fire escape only and not the entire garden, I already wrote in one of the threads here.
In this first letter I was not asked to cut the tree as they or me was unaware of it at the time. It was merely to let me know that the path to the fire escape needed to be cleared, which I already did. I also cleaned my garden too, which I feel is not their concern as it is not a health & safety hazard and will not harm anyone. In fact it's overgrown shrubbery, which is great for the environment and nature.

The second letter, is only about a charge they made to me about trimming the tree. I was sent no warning before this, even though you think the first letter states it, which it doesn't. Also, as I lease the land, surely, everyone in the building should pay too. But I'm not paying anyway as they did not inform me. I hope this clarifies it.

Regards,
Tone
Last edited by tone on Wed Mar 16, 2016 6:09 pm, edited 1 time in total.
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Wed Mar 16, 2016 6:04 pm

Collaborate wrote:They may only bill you if the lease allows it.

Why haven't you read through the lease? There will be a section on management charges.


I read through my lease, it states a word called 'permit', and so therefore, I should permit the landlord to enter if need be, i.e., I should give permission to the landlord to enter my garden.

All of this is not about permission to enter my garden, it's about them carrying out work without my knowledge or consent and bill me for it.
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Re: Tree was trimmed by landlord in my garden without my con

Postby MacadamB53 » Wed Mar 16, 2016 6:21 pm

Hi tone,

even though you think the first letter states it, which it doesn't.

no I don't - when will you calm down?

I asked you to share the wording precisely because I have no idea what it contains...

Kind regards, Mac
ps I thought you'd received three letters?
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Wed Mar 16, 2016 6:41 pm

Hi Mac,

I have been calm. Maybe the way I am trying express myself may come across as angry, but it's not, trust me.

Here is the full letter again. I'm not leaving anything out, truly.

"Following a recent site inspection it was noted that the rear garden that is demised to your flat is in a deplorable condition and constitutes a fire hazard due to the fact the fire escape is not easily accessible in the event of an emergency.

The lease is specific in that you are obliged to maintain this area to a satisfactory standard something that you have failed to do and in the circumstances you are requested to have the area cleared and secured as a matter of urgency."

Apart from 'Yours Sincerly', that's it.

Who really reads their lease until we are forced to do so in these circumstances. Who knows their lease inside out and more to the point who understands their lease. My lease was written in 1977 and it's very old English wording.
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Re: Tree was trimmed by landlord in my garden without my con

Postby MacadamB53 » Wed Mar 16, 2016 6:54 pm

Hi tone,

what about the second letter, please?

Kind regards, Mac
btw, that first letter clearly stated you needed to tidy your entire garden, not just the bit near the fire exit.
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Re: Tree was trimmed by landlord in my garden without my con

Postby Collaborate » Wed Mar 16, 2016 7:14 pm

If you're asking for advice about your rights, you really need to post in full the section that deals with, as you put it, permits.
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Re: Tree was trimmed by landlord in my garden without my con

Postby cleo5 » Thu Mar 17, 2016 7:37 pm

Tone,
Remember this is a powerful company so do think it all through before you get into a legal dispute.
Putting aside any injustice it might cost you more to fight this than to pay up now.
Facts-
Your garden was unkempt and they did ask you to remedy this.
The fire escape bit must be kept free of clutter etc and you didn't comply.
According to them the tree was a potential source of damage to their building.
I still think they should have sent a recorded letter informing you of the time they would carry out the work in your garden and given you an estimate for the work.
You would be surprised at the cost of garden work. Some firms charge £30 and hour plus. (Down here it's about £15).
Tree surgery can be nightmarish costs. It has escalated enormously.
Plus they will add their costs of letters and stuff.
So tread carefully.
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Thu Mar 17, 2016 8:04 pm

cleo5 wrote:Tone,
Remember this is a powerful company so do think it all through before you get into a legal dispute.
Putting aside any injustice it might cost you more to fight this than to pay up now.
Facts-
Your garden was unkempt and they did ask you to remedy this.
The fire escape bit must be kept free of clutter etc and you didn't comply.
According to them the tree was a potential source of damage to their building.
I still think they should have sent a recorded letter informing you of the time they would carry out the work in your garden and given you an estimate for the work.
You would be surprised at the cost of garden work. Some firms charge £30 and hour plus. (Down here it's about £15).
Tree surgery can be nightmarish costs. It has escalated enormously.
Plus they will add their costs of letters and stuff.
So tread carefully.


Hi cleo5,

I'm using a free solicitor, so cost will be minimal.

Who reads every single part of their lease. They didn't warn me about the tree trimming incident. They only warned me about the messy garden, which I have now cleaned.

I know they did wrong and I have grounds to object the cost they have imposed on me. Without sounding like a parrot, they did not even warm me about the tree, just my garden for which I acted upon.

It's not as much the money, it's the principle of it. I know they are big companies (but not that big enough to be afraid of) and to me, they're a joke, they messed with the wrong person. I will fight them all the way, even if it costs me 10's of thousands of pounds.

I'm trying to gather awareness and I'm hoping I'm not alone. The more people who come on board and air their views about these companies, the more they will back down with their illegal activities. I set up a Facebook page to gather views on these companies. Here it is if anyone is interested. I'm not expecting much will happen, but you never know:
https://www.facebook.com/hamiltonkingso ... omplaints/
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Re: Tree was trimmed by landlord in my garden without my con

Postby Collaborate » Thu Mar 17, 2016 11:59 pm

tone wrote:

Who reads every single part of their lease.


Apparently not you, even when to do so will determine whether they had the right to do what they did.
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Re: Tree was trimmed by landlord in my garden without my con

Postby tone » Fri Mar 18, 2016 7:53 am

Collaborate wrote:
tone wrote:

Who reads every single part of their lease.


Apparently not you, even when to do so will determine whether they had the right to do what they did.


It's obvious to me that this forum is full of land owners, landlords, etc., so you'll all be biased and actually against me. FYI, I did read my lease and I can assure you they don't have the right to not contact the leaseholder before carrying out any type of work. It's only common courtesy as they have already been doing it for other work, so why not this work. As you are all aware, 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. Hamilton King management agency and Southern Land Securities landlords are not getting away with this sort of illegal behaviour.
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Re: Tree was trimmed by landlord in my garden without my con

Postby MacadamB53 » Fri Mar 18, 2016 8:30 am

Hi tone,

It's obvious to me that this forum is full of land owners, landlords, etc.

I thought you said you'd calmed down :( (only 'tenants' is left for 'etc' so your list covers EVERYONE).

seriously, I ain't no landlord and I don't think most regulars are either - I do know they're helpful as heck though.

any chance we can see the contents of that second letter please?

Kind regards, Mac
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