Advice re a tree

gemstars

Hi Everyone,

I'm looking for advice with regards to a situation I have with a housing association.

My partner and I own our property (freehold) in an area owned and managed by a housing association with a remit for regeneration. I am currently paying the association approximately £30 per month to maintain the communal land, street lighting etc.

Very close to my house are two trees, owned by the association and on land also owned by the association.

In October 2015 I raised concerns with the association about these trees. They're much taller than my three story house and reach over the roof. On windy days I can hear them scraping along the walls which makes me worry about the damage they are causing to my roof tiles (which I can't get to with it being 3 story) and I also have concerns about the damage the roots may be causing to my foundations as there's evidence of them lifting the path adjacent. I do know the shade they provide encourages moss to grow in the gutter which could potentially cause blockage problems, but so far this seems to be managed by a family of helpful grows who pull the moss out looking for bugs and throw it onto the ground :T

As I said I initially raised this in October 2015 and now, nearly 2 years later there has been no progress. I have regularly chased the area manager in my location and the head office by both telephone and email, its gotten to the point that I'm calling weekly but it doesn't seem to be making a difference. I'm told its being looked in to, then nothing happens, then the request for the landscaping team disappears and then it just goes round in circles again.

I'm hoping you might be able to figure out what my next move should be, maybe a strongly worded letter to the chief exec? Am I within my rights to have the trees assessed and invoice the housing association? I've not dealt with anything like this before so your advice would be very much appreciated.

Le_Kirk

Is it a conservation are and are there TPO's (Tree Preservation Orders) on the trees? If not, you can prune them yourself (or employ a tree specialist) where they overhang your property boundary but you must OFFER the cuttings back to the housing association.

gemstars

Thanks Le_Kirk.

I'd be very surprised if it's a conservation area, its a housing estate in a very urban area. I haven't heard of TPO's but I'll google and see if I can find out, thanks for the tip.

I would have to employ someone to do the pruning, but I'm assuming I wouldn't be able to request the payment be covered by the housing association? That still wouldn't address the concerns I have about the roots so I think its a bigger issue than just trimming a few branches.

Le_Kirk

I have a large tree (in my neighbour's garden) which overhangs and we share the cost of having it looked after by a company (that employs arborists - tree surgeons). Fortunately we get on as neighbours, however, whilst we take care of the branches, there is nothing we can do about the roots. Good job we have insurance!

giraffe69

If the trees are close to the house and are mature then you want specialist advice before seeking to remove them because you can, potentially, get heave and do more damage than leaving them alone.

Furts

You cannot expect the trees to be removed. There will be tenants around you who welcome the wildlife and beauty of the trees. It is reasonable to expect the trees to be kept so they do not damage your property. The pragmatic way is to trim yourself, and thus keep costs down. Then go after the Housing Association - they will get trees trimmed far cheaper than you can because they will a trade order placed with a landscape company.

If you feel frustrated get a local Councillor to act for you. Be reasonable with them, show willing and explain you have been proactive, trimmed where possible and have been ignored on 18 months correspondence.

It is likely you are being ignored because the housing association believe there is no case to answer. Bear this in mind when you contact the Councillor. You will have to convince them you have a case that should be represented.

gemstars

Thanks Furt,

I'm not asking for them to be removed, just maintained so they don't damage my property - without me being out of pocket as they're not my trees.

Good suggestion on the Councillor though, I hadn't considered that so I'll keep it in mind in case complaining louder doesn't work.

Furts

Also be certain you are not in a situation like one I have been involved with in recent weeks. Like you it was trees on Housing Association "land". The HA deemed it front gardens, and some were HA properties sold to owners, some were part owned, some had tenants. Each tree had to be considered according to this. For example, on the part owned properties the trees were deemed to be the part owners responsibility because they had grown since the HA had built the homes. But this does not mean these owners planted them. They may have inherited them when they became part owners. However, nothing could be done without their approval.

Jonesya

To understand the risk from the roots, a starting point is to understand the type of tree and the type of soil you've got.

Some tree types are more risk than others, and some soil types increase the risk of ground movement with changes in moisture levels making subsidence more/less likely.

Plenty of articles around which cover the risks according to tree type, and soil types.

I_have_spoken

Write to your property insurers, pointing out the increasing risk to the asset they are insuring

The insurer will write to the HA, stating that they'll recover all costs if the trees were to damage the property.

The HA will take action rather than carry the liability.

Apodemus

I_have_spoken wrote: »

Write to your property insurers, pointing out the increasing risk to the asset they are insuring

The insurer will write to the HA, stating that they'll recover all costs if the trees were to damage the property.

The HA will take action rather than carry the liability.

Will the insurers not simply adjust the premium to compensate for the change to the risk?