Suing council for tree root damage

k_d_ch

LadyDee wrote: »

Didn't the surveyor that you had in 2010 warn you of the dangers of the tree roots? If they were obvious, as evidenced by photographs surely he would have pointed out potential problems.

I worked for a surveyor many years ago and he was always very cautious about tree roots, and in fact would do his best to dissuade clients from purchasing properties with such potential for trouble.

No, he did not warn us of that. Here is what is written in the relevant section of the buildings survey report:
"There are no trees that are close to the property so as to be a threat to the overall stability of the property. The mature trees at the front of the property will require some regular maintenance but this will be the responsibility of the local authority."

Tealblue

There are several problems with what you intend to do, primarily the ones of liability and amount. The 'small claims court' can't decide on liability in this sort of case; it could only enforce payment where a judgement has been given in your favour and the defendant (the Council) refuses to pay the amount you were awarded.

It is also difficult to see how you can justify claiming £2,650 when you have had quotes as low as £900. If the Council does accept responsibility, it may be that they will not offer compensation, but will simply agree to arrange for the work to be done by their employees or contractors. This might not be what you want, but that doesn't automatically make it unreasonable.

Finally, if the damage is getting worse as time passes, you could be held responsible for the deterioration which has occurred as a result of your taking no action for prolonged periods of time.

Given all the above, please take the advice already given and go and see the CAB (or a solicitor if you're willing to pay - but you may not get your costs back). Doing nothing is always such a tempting alternative, but in this case could really be a bit of a bad idea.

k_d_ch

Tealblue wrote: »

There are several problems with what you intend to do, primarily the ones of liability and amount. The 'small claims court' can't decide on liability in this sort of case; it could only enforce payment where a judgement has been given in your favour and the defendant (the Council) refuses to pay the amount you were awarded.

So who would be in a position to decide on the liability in this sort of case?

Tealblue wrote: »

It is also difficult to see how you can justify claiming £2,650 when you have had quotes as low as £900.

The rationale for the choice of the £2,650 quote is two-fold: it is the meduim amount between the min and the max quotes, and also it is the cheapest among those that mention cutting the remaining roots and installing a proper foundation for the wall, which will serve as a barrier to future root growth.

Tealblue wrote: »

If the Council does accept responsibility, it may be that they will not offer compensation, but will simply agree to arrange for the work to be done by their employees or contractors. This might not be what you want, but that doesn't automatically make it unreasonable.

I am actually OK with the Council doing the required work. In my initial liability claim I did not ask them to foot the bill: I just requested that the work be done, attaching quotes for external contractors in case if they prefer to pay instead.

Tealblue wrote: »

Finally, if the damage is getting worse as time passes, you could be held responsible for the deterioration which has occurred as a result of your taking no action for prolonged periods of time.

Thanks for pointing this out, I will certainly try to proceed as swiftly as possible at this stage.

zaax

As said above small claims is about claiming money back and the council will fight tooth and nail.
You have no loss yet there is nothing for them to pay - you need an invoice for the work

The cort will ask: Was the surveyor qualified to say that about the tree? Why didn't you take the £900 quote?

k_d_ch

zaax wrote: »

As said above small claims is about claiming money back and the council will fight tooth and nail.
You have no loss yet there is nothing for them to pay - you need an invoice for the work

The cort will ask: Was the surveyor qualified to say that about the tree? Why didn't you take the £900 quote?

So how does one make sure that the Council do their work? I don't mind which quote is used as a basis, provided the Council fix the wall that has been lifted by the roots and prevent future damage. I attached the quotes to my liability claim to them so as to help them decide whether to do the job themselves or to hire someone. The reason why I picked the £2650 one for purposes of this case is because of the scope of the work they offer: they would excavate the ground and lay a new foundation compared to the £900 quote for just rebuilding the wall.
I have no reasons to think that the surveyor is not qualified: they are registered with RICS.

Pun

k_d_ch wrote: »

The reason why I picked the £2650 one for purposes of this case is because of the scope of the work they offer: they would excavate the ground and lay a new foundation compared to the £900 quote for just rebuilding the wall.

Doesn't work that way. You are seeking to get the council to pay for an improvement, as opposed to restoring the wall to the condition it was in before it had a tussle with a tree root. Think about it: how could they explain why they used public funds to improve your property...?

All your quotes should be on the basis (i.e. for the same work), which is the only way to get meaningful comparisons.

k_d_ch

Pun wrote: »

Doesn't work that way. You are seeking to get the council to pay for an improvement, as opposed to restoring the wall to the condition it was in before it had a tussle with a tree root. Think about it: how could they explain why they used public funds to improve your property...?

All your quotes should be on the basis (i.e. for the same work), which is the only way to get meaningful comparisons.

Thank you for your comment and I totally agree with your logic. What happened is that I explained to all who came to give a quote what I think needs to be done: excavating the ground properly, getting rid of the roots that are still growing there, and putting a root barrier to prevent future growth. A couple of them though (£900 and £1700) came up with proposals that did not include some of the work I mentioned.
My assumption was that the Council want to do the job properly, so that the roots that may otherwise continue growing underneath do not lift the wall again soon. If that happened, it would certainly not be a wise way to use the public money!