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Fallen Tree Into My Garden from Rented Property


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Hello,

 

I hope I have got the right forum for this question :)

 

6 days ago, in strong winds, a conifer tree from my neighbours garden fell into my garden.

 

I immediately brought it to the attention of my neighbour and she said that she would notify the rental agent. As she is renting the property.

 

I spoke to her this morning and she says that although they had promised on numerous occasions that they had spoken to someone to come and remove it, nothing has happened.

 

If I had to take action, as is more than likely, as I know the property agent is extremely unreliable, who do I take action against?

 

What would be your advice. I guess that I should just keep reminding the tenant?

 

Any help would be greatly appreciated!

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Speak to the letting agent yourself reminding them of their responsibility's.

Failing that tell them if they don't have it removed you'll cut it up and throw it back in theiir garden

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I found this advice on tinterweb search

 

Contrary to popular belief, your neighbour will not be liable for the damage caused to your property as no-one is held responsible for damage caused by so called “Acts of God”.

 

For example, if your neighbour’s tree falls on your house, garden or outbuildings in a storm, it is your own insurance company who will usually cover the costs of removing it and repairing the damage – although, you should check your policy carefully as items such as your fences and driveway are not always covered. If your insurance refuses to pay out for these items then you can be landed with fairly substantial repair and removal costs.

 

What if my neighbour knew the tree was likely to cause damage?

 

However, if the reason the tree fell was because it has been neglected or damaged and your neighbour knew or should have been aware of this, the standard position will not apply and your neighbour will be liable for the damage caused. In these circumstances, your neighbour would be considered negligent for not removing/repairing the tree despite the obvious risk.

 

Therefore, unless there is evidence that your neighbour was aware or ought to have been aware of the existence of problems with the tree, the neighbour will be under no duty to repair damage caused by the tree. The neighbour will, however be liable to remove the tree from your property.

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oh! that's interesting.

 

So, if I am reading that right. The property agent has no responsibility for removing the tree?

 

I understand sgtbush to be saying the neighbour/agent may have no liability for damage caused to your property by the falling tree but the neighbour/agent is responsible for removing the tree from your garden. Fortunately it sounds like there is little or no damage to your property, the removal of the tree is the main thing.

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