Landlord refusing to prune trees

[mills1]

Any suggestions would be welcomed.

During the summer our satellite viewing is none existant due to three trees to the back of the property.

Some background first, I am on a secure tenancy, have been here 20+ years.

Also an issue is lack of natural light to the main living area during the day.

What are the laws regarding overhanging branches? one tree particular, the branches stretch I would say some 8 to 10 feet over the fence into and over the garden.

Bearing in mind I am a tenant what are my options?

IE; Could I have the overhanging branches removed myself?

Anything else I could do?

Cheers.

[lemontree1968]

If the trees are in a neighbours garden and are hanging over the fence into yours,you are within your rights to cut those branches off,but by law you have to offer the branches back to the neighbour.

 

I'd be tempted to write to the landlord about the trees at the bottom of the garden and say he has 7 days to prune them or you will get it done and deduct it from the rent.

[Steve__M]

Is this a test question? There seem to be an option to try and enforce a "right to light" if you've been there 20 years.

 

I suggest talking nicely to your neighbour, and check that there isn't a preservation order.

 

I can't see that it is the landlord's business or the landlord's responsibility if it isn't the landlord's tree.

[mills1]

Apologies if I did not make situation clear, thanks for the replies, appreciated.

I am the end house of a row of semi detached houses.

I pay rent to a housing association, I have been here for 20+ years.

To the rear of the row of houses is a footpath, a rough guess around 3 foot wide.

To the side of the footpath, just behind our fences is a narrow piece of ground with hedges.

Inside those hedges behind my fence is a tree that is I would say over 30 foot in height.

As I mentioned previously, the uppermost branches hang over from outside the fence, not a neighbours garden, some 8 to 10 foot over our garden.

As has been suggested, would I be within my rights to have the offending branches removed the re-charge the landlord from my Rent if they will not do it, and what would be the timescale to expect the landlord to do it?

Steve-m, right to light, can you explain please?

Thanks again.

[Steve__M]

All I did was google around and found references that suggested that you might be able to take action against a neighbour if you had enjoyed light for more than 20 years. I don't know any more unfortunately.

[mills1]

How much could this be of use in my case?

 

Your rights - Article 1 of the First Protocol: Protection of Property

 

Cheers.

[Steve__M]

None at all I expect:

 

You should note that although the article refers to ‘enjoyment’ of possessions, it does not guarantee the right to live in a pleasant environment. So where a person’s enjoyment of their home is affected by environmental pollution or excessive noise, this will not necessarily amount to a breach of this article.

[mills1]

"Protocol 1

Article 1, the Protection of Property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

 

The proceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalities.

Property has a very wide meaning. It can include shares, a pension, or contributory welfare benefits, or even the right to sue someone.

Article 1, Protocol 1 provides that neither the Government nor a public authority can deprive you of your property unless the law states that it can and it is in the public interest to do so. If you are deprived of property by the state or a public authority you should be able to claim compensation.

Article 1 also states that the Government or a public authority cannot interfere with your use of your property, unless there is a law that allows it to do this and there is a good reason for it. It does not, however, affect the right of the Government or a public authority to force you to pay taxes or fines. "

 

 

It's not about living in a pleasant environment, it is about a persons right to peaceful enjoyment.

Two different things?

[Aviva]

Have you asked the HA to prune the branches? If so, what was there response? If they said they can't or won't do it was a reason given?

[mills1]

Have you asked the HA to prune the branches? If so, what was there response? If they said they can't or won't do it was a reason given?

 

 

Hi Aviva, I have asked the HA, their reasoning for not doing it appears to be, and they have stated it, that they are not responsible for the reception issues I am experiencing.

Cheers.

[Emma1973]

When I have had issues with HA they have all stated that tenants are responsible for their own gardens, and will not do anything unless it becomes a health and safety issue, and I'm guessing that interfering with your reception is not one!

[mills1]

When I have had issues with HA they have all stated that tenants are responsible for their own gardens, and will not do anything unless it becomes a health and safety issue, and I'm guessing that interfering with your reception is not one!

 

 

Thanks Emma, the thing is, the tree is not in my garden, it is adjacent to my rear fence, at the side of a footpath, and the branches of that tree are stretching into the garden.

Cheers.

[Aviva]

Of course they are not responsible for making sure that you have reception but you are not asking them to ensure you always have reception just that they prune back trees that are causing a nuisance. Go back to them and ask them specifically if the trees are on their land and if so what is the pruning schedule for the trees and that you are requesting that they be pruned immediately as they are causing a nuisance. You may want to put it as a formal complaint.

[Emma1973]

So the trees are actually on a footpath then, not another neighbours garden? Who does the footpath belong to? I'm guessing if its a public footpath then it is up to the Council!