It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.
As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.
From what you have posted this tree is not just a nuisance but also a Health & Safety risk:
1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property
2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.
3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.
4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.
You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)
You also require copies of the following:
1. Complaints Policy (not the leaflet)
2. Customer Service Standard (not the leaflet)
3. Health & Safety Policy (not the leaflet)
4. Public Liability Insurance Policy. (not the leaflet)
5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this
it being your property/plans)
6. Compensation Policy (not the leaaflet)
7. Equality & Diversity Policy (not the leaflet)
When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies.
I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976:
You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)
Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)
Also have a wee look at this CAG link:
Fame at last!!
Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.
Good luck with yours anyway mate.
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