Who is responsible for removing a dead tree in the garden, landlord or tenant?

juer11

[FONT=&quot] I rent a property and during the winter a tree in the front garden died. I contacted the letting agency who informed me that I am responsible for the upkeep of the garden and it is my responsibility to remove the tree. Is this correct? [/FONT]
[FONT=&quot]I have tried to argue that I’m more than happy to keep the garden tidy by weeding the flower beds and mowing the lawn etc. but surely a dead tree is a maintenance issue? However they the letting agent will not listen. There is also a safety issue now as the tree could come down in any strong winds. [/FONT]
[FONT=&quot]Does anybody know what my legal position is on this matter?[/FONT]

BitterAndTwisted

The landlord is responsible. Contact the agent IN WRITING informing them that you are not accepting responsibility for the landlord's property and if the tree needs to be removed you will not be organising it or paying for it either. Also, point out that this dead tree could be a danger and if any damage is caused to people or property you will not be accepting any responsibility for it, other than by informing them of it happening if you are aware of it.

Don't be bullied or browbeaten about this but do write and keep a copy for future reference.

budgetdiyer

BitterAndTwisted wrote: »

The landlord is responsible. Contact the agent IN WRITING informing them that you are not accepting responsibility for the landlord's property and if the tree needs to be removed you will not be organising it or paying for it either. Also, point out that this dead tree could be a danger and if any damage is caused to people or property you will not be accepting any responsibility for it, other than by informing them of it happening if you are aware of it.

Don't be bullied or browbeaten about this but do write and keep a copy for future reference.

Oh you must have read their tenancy agreement then?

It would depend on what responsibilities you have in relation to the garden within the tenancy agreement.

VfM4meplse

Unless the tennant planted the tree and it is their personal property, I have no doubt that it's the responsibility of the landlord. It's no different to the bricks and mortar.

There is responsibility for the general upkeep of the garden, and then there is taking the p.

As a landlord I wouldn't hesitate to take action.

WestonDave

On a practical note - a tree that was alive less than a year ago, is unlikely to become unsafe instantly. It will take some time for the sap to dry out in order for the wood to become brittle, or for rot to set in such that it is weakened. That is not to say you don't need to chase the landlord to get it removed, but more to allay your immediate safety fears.

ognum

With out doubt it's the landlords responsibility.