Moving out charges for trees?

Waldir

Hi,

We finally found a nice house to rent, did the final inventory for the previous house today, and the estate agent told us that the landlord mentioned something bad about the trees at the back the property.

The trees are going over the fence onto a car park and a side walk between houses (but somewhere where only our nice (ex-)neighbours go... we didn't notice the problem).

We were supposed to "keep the garden and exterior surround in a clean and tiny order".
I guess that includes those trees, doesn't it?
How high am I supposed to take care of them? I could go give them a quick cut before the landlord comes to have a look. But they are about 10 metres high, am I really responsible to cut them on their full height as a tenant?

Also, the EA told us today that the landlord had received complaints about those trees, but they never told us until now... is that "legal" to hide the complaints just to keep them for the end of the tenancy?

Thanks for any advice!

princeofpounds

You don't have to deliver the house or garden in any better condition than it was given to you. Otherwise that would be 'betterment', to which landlords are not entitled, no matter what it says about 'clean and tidy order'.

To be honest, you have to know what the objection is before going further - is it about the fabric of the tree itself or simply giving it a prune?

Waldir

princeofpounds wrote: »

You don't have to deliver the house or garden in any better condition than it was given to you. Otherwise that would be 'betterment', to which landlords are not entitled, no matter what it says about 'clean and tidy order'.

To be honest, you have to know what the objection is before going further - is it about the fabric of the tree itself or simply giving it a prune?

Thanks

I think the trees are not supposed to go over the fence, and they do now.
One of the problems might be that during the initial inventory (10 months ago), neither we nor the estate agent checked the trees... but they definitely grew during the tenancy, and surely someone will be able to estimate how long the branches were 10 months ago.

I don't really want to be at fault and lose some of my deposit so easily...
Do you guys know if a quick trim of the lowest 2 metres is enough to release me from any problem? (I can't really access any higher without special equipment, so it might be the landlord's responsibility above this?)

poppysarah

I think tree pruning is very problematic - do you have instructions on how to cut them? Do you know what sort they are?
I would imagine if you pruned them within your reach that'd have to be fine. Being expected to carry out tree surgery isn't in any tenancy agreement for a house.

If a tree is such an issue then you should have been told about any problems before now.

Ask exactly what they want doing - and if it's the same as trimming a hedge then do it. If they expect more than that then I'd ring shelter and ask them for advice.

roseland69

You can't just prune a tree at any old time of year. Wrong time of year, you run the risk of killing it. You have to be sure no birds are nesting in it either.

Here's some "tree pruning" tips:

http://www.beavertreework.co.uk/tree-care-tips-best-time-to-prune.php

princeofpounds

One of the problems might be that during the initial inventory (10 months ago), neither we nor the estate agent checked the trees...

So how exactly is the LL supposed to establish what condition they were in at the beginning of the tenancy?

His case is very weak.

Pegs109

If the trees are over 10 meters they may have a preservation order on them. If this is the case you could be fined for even triming them.

The trees belong to the person to whose land they are on- your landlord, and if they are very old may well be accounted for in the original conveyance of the property. I may be wrong but I would say they are his/her responsibility in the same way the house is and their maintenance goes beyond your tenantly duties

I think you need to bring this to your landlord's attention.

Blacksheep1979

as per prince of pounds - if they have no record agreed with yourself regarding the state of the trees then they can't prove that they are in a worse condition.

ss70

"keep the garden and exterior surround in a clean and tiny order"

If LL let it to you 10 months ago, expecting they would need trimming within the next 10 months, then it was an existing problem. How much can a tree grow in 10 months?

Plus clean and tidy order does not suggest a tenant should be carrying out maintenance which would require a specialist, in this case a tree surgeon.

Waldir

Thanks all for your advice.

I decided to buy a hedge trimmer and cut all the branches that were lower than 2 metres high, leaving those that were too thick.
It's true that it didn't look very nice, and it does now

There was nothing looking like a protected tree, just normal ugly trees and a few bushes.
I hope I didn't do anything too wrong by cutting them 1 day after the end of my tenancy, but I only cut the branches on the road side of the fence, and I gave the landlord his branches back at the end by putting them on the side of his property, so that should be ok.

poppysarah

You'll be charged for the disposal of the branches now. betcha!