Trees and housing associations

dcems

Last year I was lucky enough to be housed into a 3 bedroom house. I have a massive back garden that sadly had not been cared for because the previous tenants were elderly and couldn't cope.


Ive worked hard to get the garden into a reasonable state.


I have 1 silver birch in the garden, and 2 sycamore trees. The biggest one at the far back of my garden is probably beyond redemption, and the second sycamore tree is slightly smaller.


My neighbour up from me(not my immediate neighbour) mentioned last year that she has trouble sunbathing because the smaller tree blocks her light/sun when it starts flowering. I like the trees although yes, they are huge and need some care. Nothing more was discussed about the trees.


2 weeks ago my neighbour knocked and said she was going to get a quote from a tree surgeon about cutting down the smaller sycamore tree. I think this is a cheek, but Im trying to see her point of view. I checked my tenancy agreement and it quite clearly states that I may not make any changes to trees without their 'express written permission'. So I requested from my HA if they would send someone out to have a look and whether they would agree to trim back (not knock down) the offending tree.


So far they have ignored my request.


I relayed to my neighbour that I could not agree to the tree being trimmed without getting approval from my HA. She just keeps saying she cant sunbathe in the summer. Apparently though she isn't entitled to natural light in her garden.


So I would just like views on whether my HA has a responsibility to sort out the trees- I am aware the silver birch is protected confirmed by the council. I certainly think some work needs to be done and should have been done some years ago. I'm certainly not prepared to pay for it myself, and I have reservations about my neighbour employing someone as Im sure I would come home to no tree.


Since our last discussion she has in fact knocked on my door every other day, but I cant face another tree chat until I confirm the position with my HA.


Many thanks

BigAunty

What does your tenancy handbook say about response times for situations like these? They will have a complaints process, too, detailed there or on their website which will detail how you can see redress for issues.

As for your neighbour, tell her that while you sympathise with her, you are obliged to honour your tenancy agreement and are following up with your housing association. Tell her firmly that you will let her know when they've responded and so it is pointless her knocking every other day.

I'm not aware if there is any obligation for a housing association to pay for tree trimming or not but other posters may know.

Yorkie1

I very much doubt there's any obligation on the HA to reduce the size of a tree simply because a neighbour wants to sunbathe. I'd like to have some sunlight in my back garden but I have no power over the school at the back of my garden to make them prune the horse chestnut trees which cast the shade!

I know that the neighbour has, up till now, been up front about their proposal to get a tree surgeon round but are you confident that she won't just go ahead and get the work done anyway? Can the tree surgeon access your garden without you being there? Do you think you need to reiterate the fact that you do not consent (and cannot consent) to her accessing your property to take any steps - whether for quote or action - re. the trees?

I'm somewhat concerned about your possible reference to a tree preservation order on a silver birch - if there is indeed a TPO then you risk being liable for her actions even if you hadn't agreed.

This all presumes that there's no suggestion that the trees are structurally unsound, of course.

lighting_up_the_chalice

I would just tell her you are waiting for a decision from your HA and give her their main switchboard number if she wishes to chase them up.

Davesnave

It sounds as if you have a very controlling neighbour. She is talking about your home here. Do you think she'd treat you like that if you were an owner-occupier?

Yorkie's advice is good, so I would put your position in writing.

Tell her that you have done as she asked and that any further requests to the HA should come from her. You do not wish to speak again on the matter until the HA contacts you/her especially as the trees may be protected.

Follow this up with a letter to her stating these facts, send a copy to the HA, keep a copy yourself and then get on with your life.

DaftyDuck

I wouldn't give her the details of the HA, or let her take control of the contact. With a bullying habit like hers, give an inch and she'll take a mile. You'll find she's surprisingly persuasive (ie, anything to shut her up) , and all the trees - Silver Birch included - will be being chopped down, solar reflective panels put up, and thirty tons of beach sand plonked on your border.

I would write to your HA, explaining a neighbour has ... yada yada yada... the trees are of no trouble to you... you have no real desire to have them more than trimmed yourself ... and you wait to hear back from them in due course.

Give her an edited highlights copy of the letter, leaving out the bits you don't want her having (address, fact you quite like your trees) with a written addendum that we must both wait and see what the outcome from the HA is.

You could add a bullet-point list of twenty reasons why sunbathing is dangerous and makes the skin saggy & wrinkly, if you want to be .... constructive and helpful.

k3lvc

Alternatively if she's attractive offer her your garden to sunbathe in :beer:

Davesnave

DaftyDuck wrote: »

I wouldn't give her the details of the HA, or let her take control of the contact. With a bullying habit like hers, give an inch and she'll take a mile. You'll find she's surprisingly persuasive (ie, anything to shut her up) , and all the trees - Silver Birch included - will be being chopped down, solar reflective panels put up, and thirty tons of beach sand plonked on your border.

I missed the bit about the OP liking the trees.

I'd agree about giving the HA the full picture, including a desire to keep them, though I don't think it is likely to make any difference, given the responses of most HAs.

If the neighbour cannot be diverted, then she may continue to hassle, in which case the offence of harassment could be usefully spelled-out to her and/or the local PCSO involved if she doesn't desist.

dodger1

lighting_up_the_chalice wrote: »

I would just tell her you are waiting for a decision from your HA and give her their main switchboard number if she wishes to chase them up.

This ^ ^ ^ ^ ^ ^

Just give the neighbour your HA contact details.

dominoman

I would ask her to contact your HA directly.

Tell her, you fully support it, so long as the tree is trimmed and not fully removed.

bndh

Hi

I was in the same position as the neighbor. In other words I wanted my neighbors trees reduced because:
a) They were giant sycamore's that over grown into my garden
b) Had branches falling into my garden which became dangerous. They actually started causing damage to my property.
c) Took all the light away from my garden

The trees in question was in two neighboring gardens owned by two different housing associations. I did not pester the tenants of the house to do the work as in the end it is the responsibility of the HA to complete the work. So I had to chase the HA to get the work completed.

In the end it took me 2 years of prompting (hundreds of emails and countless phone calls) the one housing association to get the work done and 3 years for the other housing association to get the work done.

I would suggest you provide the neighbor the details of your HA and simply explain that they are welcome to chase the HA to get the work done. At the end of the day it is taking their sunlight away not yours so they are requesting for this to be done. You can also mention that the HA would need to apply for planning permission to reduce (crown) the tree's (well they have to in London at least). Your neighbor is not allowed to undertake the work themselves and they can only cut down branches that overhang into their garden.

To stay on friendly terms with your neighbor I would offer them the opportunity to copy you into all the communications with the HA and also mention that you will provide access to your garden when the HA decides to undertake the work. That way you would be seen as trying to help the process along and then it is up to HA to decide what to do and become of the barrier to getting the work done.

With any luck she may give up on having to chase the HA as they can be very unresponsive or the HA may just come back to her and say they don't think it is worthwhile undertaking the work. Doing the work can be rather expensive as not only do you need a tree surgeon to complete it but a planning application will also need to be submitted.