Question for a friend... Birmingham related

[kentjames]

Ello folks

 

Ive been asked by a friend who lives in Birmingham city to enquire if they can get their neighbour to have some Sycamore trees removed as they are blocking light and making a mess of their garden.

 

Now.. the thing is. Their neighbour frequents a Housing association property and are foreign, dont speak very good english and not very well off. The neighbours said to my friend they can she can pay to have the work done to their trees but they (the neighbours) cannot afford it themselves.

 

1/ Is there any legal route she can take to force her neighbour to have the trees removed?

 

2/ Is there any way that their neighbour can have the housing association / council pay for the trees to be removed? Since they are tenants in a council property surely the care of the trees falls within the remit of the council?

 

Notes -

> The tree does not block light from the house just the garden, i think there is no laws for trees blocking light from gardens but i thought i would ask.

> The trees were young saplings when the current neighbours moved in

> Not in a conservation area to our knowledge.

 

This might seem an odd post but given they are stuck for answers i thought i might ask, especially anyone on here in Birmingham, if they know of a legal route to take? The council so far have shrugged their shoulders over the problem.

 

Any advice gratefully received

James

[Pommie]

1 no

2 no

[chaffey]

1 No

2 Ask!! I work for a housing association and we try to do our best to be accomadating with not only our tenants but we try to make the areas that our homes are in better. I would suggest that perhaps they don't go in all guns blazing as this will usually antagonise the situation. Good luck

[Goaty]

Its possibly a good thing they will let her take them out if she pays. In reality the current occupiers probably inherited the sycamores. Maybe they could be dropped on the cheap and someone would take for firewood. IME its easier and quick to drop them and then takes ages to clear up. Offer it up on Arbtalk maybe someone in that area will do the dismantle.

[Brick100]

I agree, they should approach the HA and ask. Normally trees are dealt with by their Property services department, but sometimes in can be housing management. They should find out first which department, then arrange a site meeting to discuss the issues.

 

Policy may dictate that the ha make their residents responsible for maintaining trees, but it's easier to apply steady pressure on the ha instead of the neighbour.

 

Your friend may which to visit the ha's web site to see if there is any information under tenants responsibilities. For armed and all that.

[MATTMOSS]

Ello folks

 

Ive been asked by a friend who lives in Birmingham city to enquire if they can get their neighbour to have some Sycamore trees removed as they are blocking light and making a mess of their garden.

 

Now.. the thing is. Their neighbour frequents a Housing association property and are foreign, dont speak very good english and not very well off. The neighbours said to my friend they can she can pay to have the work done to their trees but they (the neighbours) cannot afford it themselves.

 

1/ Is there any legal route she can take to force her neighbour to have the trees removed?

 

2/ Is there any way that their neighbour can have the housing association / council pay for the trees to be removed? Since they are tenants in a council property surely the care of the trees falls within the remit of the council?

 

Notes -

> The tree does not block light from the house just the garden, i think there is no laws for trees blocking light from gardens but i thought i would ask.

> The trees were young saplings when the current neighbours moved in

> Not in a conservation area to our knowledge.

 

This might seem an odd post but given they are stuck for answers i thought i might ask, especially anyone on here in Birmingham, if they know of a legal route to take? The council so far have shrugged their shoulders over the problem.

 

Any advice gratefully received

James

 

There is no legal route to make them cut the trees down - there is no right to light (except for possibly the heigh Hedges act). The trees belong to the H/A so they are the people to approch.

They may fell or prune the trees as a good neighbour, they would be more likley to do something if you offer to pay.

Be polite and be reasonable and I dont think you should have a problem.

If they overhang your property you have a common law right to cut back to the boundary.

good luck

[Mark Cattell]

Many tenants sign a agreement that makes them liable to maintain all vegetation within the property boundary. Including trees. If there is a safety issue that the tennants have inherited then the HA would be on thin ice to ignore any issues.

 

If its simply a annoyance to the neighbours then write to the HA to consider removing the trees or maintaining them to a more suitable size and within the boundary of their property.

 

What HA is it as I manage a few contracts for Birmingham based HA so may be able to help...

[likeitorlumpit]

As mentioned above.

Housing associations expect the tennants to be responsible for the trees but in reality they will usually arrange for them to be worked on as it's just not feasible to expect a tennant who has just moved in to be responsible for the huge tree in their rear garden. Tennants also cite roots affecting foundations or trip hazard, conkers dropping on their childrens heads etc etc. I find this often works for them...................gives us work!!

[Andy Collins]

From my rental agreement, the local council are responsible for any trees on the property, I am responsible for the garden, shrub and hedge maintenance. The trees are a part of the property, and may be there as a screen in agreement with planning to build, noise abatement etc, tread carefully.

[MATTMOSS]

From my rental agreement, the local council are responsible for any trees on the property, I am responsible for the garden, shrub and hedge maintenance. The trees are a part of the property, and may be there as a screen in agreement with planning to build, noise abatement etc, tread carefully.

 

This is how I understand it to work. I have never heard of tenants being responsible for the trees, maybe garden and shrubs but not trees, I think that is crazy.