Owner or tenant ??

[devon TWiG]

An aquaintance of mine owns a field and has a rather frosty relationship with tenant , the council recently served a notice about trees with Ash Die Back  , who is responsible ( pays !! )  ...owner or tenant ??

[doobin]

What are the terms of the lease? 

[openspaceman]

1 hour ago, devon TWiG said:

An aquaintance of mine owns a field and has a rather frosty relationship with tenant , the council recently served a notice about trees with Ash Die Back  , who is responsible ( pays !! )  ...owner or tenant ??

This must depend on the tenancy agreement, if it's a domestic dwelling with a field for a horse my guess is that the landlord will have reserved the right to the trees so they will be his responsibility. If the land is an agricultural holding and the it is an agricultural tenancy then the agreement would say but again if the landowner has reserved the right to timber...

 

The thing is that if it is an agricultural tenancy that came into being by default it could have become the tenta's responsibility.

[jcampbellsmith]

1 hour ago, devon TWiG said:

An aquaintance of mine owns a field and has a rather frosty relationship with tenant , the council recently served a notice about trees with Ash Die Back  , who is responsible ( pays !! )  ...owner or tenant ??

The owner should know what the lease says. I suspect it's the owner. 

Regards 

JCS 

[devon TWiG]

After a further bit of research it would appear to be the tenants responsibility unless "specifically excluded" http://www.ala.org.uk/sites/default/files/0802.pdf    I suspect this will be an important thing to know as dead ash trees become more common .....

[Mark Bolam]

Sounds tricky.

 

I’d go for cash up front.

[derek robinson]

I would already be in reverse gear on this one! "and not look back". Derek.

[Paddy1000111]

Funny one, I bet if the Tennant said "I want to cut all these trees down for the wood" it would be a solid no from the owner. But now its costing money it's on the Tennant ? typical landlord. 

 

It should all be in the tenancy agreement. However, most tenancy agreements also state that the garden/land has to be appropriately maintained by the tennant. If a plant dies or tree becomes dangerous I suppose it's the Tennant's issue as it's a "gardening" responsibility

[Dan Maynard]

Got to be a Facebook add 'free firewood, just needs cutting down'.

Should have it sorted in no time.

[Paddy1000111]

6 minutes ago, Dan Maynard said:

Got to be a Facebook add 'free firewood, just needs cutting down'.

Should have it sorted in no time.

I think that's what happened with my local farmer. Some guy turned up with a b&q chainsaw and took the tree down straight across some 11kv powerlines and ripped the transformer off the post. Oh how we laughed ?