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    • Hello Friends. I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it.    These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.   I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.   They have told me they are starting legal proceedings. They have sent me an invoice for £395 but i have not even received the court paperwork.    I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.   I can post a copy of the notice if needed.  
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    • Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   They then attached a copy of the deed of assignment and a new witness statement.  They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided?  Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post).  This is a clear pattern of how these solicitors work rather than it being a one off oversight! 
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Tree damage to wall dispute


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Cut and pasted from my facebook to save typing out again.

 

chap from around the back says my tree is damaging his wall and he wants me to chop it down, I said its a mature tree and been there for years and is a benefit to everyone, it cleans the air, brings wildlife into our gardens it looks beautiful and I like it.

He said it doesn't matter its under threat anyway there is a disease that is killing Ash trees, I said then its our duty to protect it.

He said ok just needed to let you know, the ace I never mentioned is its not my tree its growing on his land just leaning over mine because it knows he hates it, permission to enter my land to remove it is denied and the small portion on my side has permission to remain, not sure why you would build a wall on a tree anyway, don't know how it will stand up in court and cant afford to fight or have it chopped down.

 

The tree is on his side of the original border fence, even the original fence netting is still on my side,

[ATTACH=CONFIG]46298[/ATTACH]

The issue I have is if he decides to charge me for the damage to the wall I am quite happy to make him aware that the tree is on his side and he must pay for it,

 

I would like to keep the tree because it is a beautiful tree and makes the view from my house very pleasant compared to a poorly build breeze block wall, If I refuse him access to remove the tree can I be liable for the cost of the repair of the wall, can I refuse for him to have the tree taken down because some of it is on my land without risking any penalty?

 

 

haven't received an official complaint yet but just wanted to be prepared.

 

 

Cheers

 

 

Steve

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As Honeybee advises the neighbour may not be able to remove the tree anyway, if it was there before the houses were built. Before you remove any long established tree, you should always check whether there is a preservation on it, as if you find out after cutting it down, that it was protected, you can get fined.

 

The neighbour is able to go onto your land to maintain the wall of his house, so you would silly to reject this, as you could incur costs/time wasting, if this ended up in court. Would not help you in selling the house in the future, if there is a neighbour dispute registered.

 

Doing what is necessary to the tree is helping to maintain the wall of his house. The neighbour should get professional advice from tree surgeons. Removing a tree in the wrong way, can actually cause more damage to walls, foundations and drainage, due to heave. If there is any chance of your property being affected, you need to make sure your neighbour is employing qualified professionals to carry out the work to the tree.

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Its not actually anywhere near his house its a wall at the end of his garden, its a very poorly built breeze block wall that was built a few years ago, the tree was there then and he built the wall directly next to the tree, the wall is about a foot on his side of the land because there was a tree (the tree) on the border, how can you build a wall next to a tree and expect the neighbour to pay for repair when the tree grows, every one knows trees grow.

 

If it was his house it was next to I would not hesitate in allowing for it to be removed.

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If the tree is on his land, then he can get it removed, as long as it does not cause any damage to your property.

 

You have no responsibility here. If he wants to have tree surgeons access your garden to chop off branches and to clear up any mess then you might as well let them. You really don't want any dispute that might cause you lost time and money.

 

You could phone the council to check whether trees in that area are subject to any preservation order.

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