Private tenancy and trees.

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Private tenancy and trees.

Postby picasso3 » Sat Nov 27, 2010 3:38 pm

Hello and my first time on this site so here goes----
I was a private tenant in my last home and when we arrived ten years ago,the garden had mature trees and bushes. A few weeks later, the land lord turned up unannounced (and not for the first time) and starting complaining that the eucalyptus bush he had planted (many years before) had unexpectedly turned into a large tree higher than the house and what where we going to do about it? He demanded that we cut it down and the trunks (4) be dragged round to the front and left on the front lawn. Nothing unreasonable there then? The tenancy agreement did not say removal of 30 foot trees. I have now left the house and he is trying to claim all the deposit back (and more) as he says that I have not looked after his garden and he would like the tree removed, a mature fruiting apple tree felled and the stump treated, fir trees topped etc (not leylandii] and removal of 'rubbish'. I went back last week and the green composting bin had been emptied and strewn around. I don't think it is wrong not to take compost with you when you move but I suspect it was done for an effect. The garden was tidy, shrubs trimmed pruned and the bits shredded and removed before I left.
Is the tenant responsible for cutting trees down and does anyone have answers to the garden problems? When it was pointed out that I was not a qualified tree surgeon and the tree might fall on his or others houses he just shrugged. He also said seeing flowers that I had planted that "Everything planted in the garden belongs to the landlord". Can you have it both ways?
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Re: Private tenancy and trees.

Postby despair » Sat Nov 27, 2010 11:04 pm

do you have photos of the garden when you first moved in

If theres nothing in the tenancy agreement about felling trees then i think the Landlord is trying it on and if you had to go to court a judge would rule in your favour

Keeping the garden tidy and neat is one thing ......felling trees he planted quite another
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Re: Private tenancy and trees.

Postby picasso3 » Sun Nov 28, 2010 12:51 pm

Thanks for that. I am very upset as he has done minimal maintenance to the property and the only reason I stayed so long was because the garden and fish pond were my pride and joy . I am sure I have some early pictures and plenty of my 'neglected' garden later on. My neighbour said she used to look through her upstairs window at my lovely pond. The concrete was cracked and leaking and I spent long hours and ££'s repairing and stocking it.
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Re: Private tenancy and trees.

Postby Mattylad » Sun Nov 28, 2010 9:20 pm

I cannot see how you can be held responsible for a tree that he planted.

It was not your property, he was responsible for the trees.

IMO this is an unfair with holding of your deposit - AFAIK there are actions that can be taken for this.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Re: Private tenancy and trees.

Postby catapult1 » Fri Feb 04, 2011 2:58 am

Although I think your landlord is being unreasonable it depends on what is written on your tenqncy agreement.

There is another thread that the landlord is saying it is the tenant who has to look after trees and the garden.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Private tenancy and trees.

Postby angelpie » Wed Oct 05, 2011 6:32 pm

hi as far as i know the felling of trees healthy or otherwise is the responsibilty of the landlord- unless you want to remove a tree say if it blocks the light then you have to get permission from him. i doubt there is anything written in your tennancy about felling trees its a specialist thing really why should you pay for something hes planted and now wants removed??? looking after a garden and keeping it neat and tidy is one thing tree felling especially of that height is another. as for the compost i wouldnt worry just search out your pictures get copies of them for anyone you may need to send them to , i believe that you could get free advice from a solicitor for half an hour just to put your mind at ease and take all relevant paperwork-pictures with you
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Re: Private tenancy and trees.

Postby suzi » Wed Oct 05, 2011 6:44 pm

your deposit should have been moved to a government holding scheme ( like a middle man ).

it was set up for exactly this reason.

you need to contact them now as its up to them whether you get your deposit back or not and i cant imagine them agreeing with your ex landlord :)

our ex landlord tried to keep our deposit to pay for a leaking pipe under a concrete floor which caused damaged, the deposit people just about laughed at him :lol:
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Re: Private tenancy and trees.

Postby suzi » Wed Oct 05, 2011 6:54 pm

just read your OP again, when you say he is trying to claim all the deposit back do you mean claim it back from you or claim it back from the deposit scheme ?

either way, id be surprised if he got it :)
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