Housing association and trees

Themoggie

Not sure anyone will have the answer for this but here goes.
My elderly parents have been living in a housing association property for 23 years. There's a large tree in their garden which is probably at least 100 years old (property is a converted house) and 60 feet tall.
Their lease states they must keep the garden clean and tidy - which they do, it's their little oasis. 
Housing association rung them last week to say they are responsible for the tree and they want my parents to have the tree cut. 

There's no mention of tree maintenance in the lease. When questioned the housing association said they are responsible for trees at the front of the property but not the rear and they "don't have a budget" for the rear trees.

Parents have called a tree surgeon for a quote - they have been quoted £1000. 

As it's not in the tenancy agreement is it HA responsibility? I would have thought as it was an existing tree rather than something they have planted then it's the property/responsibility of the HA. First time they have mentioned it in 23 years.

Alan2020

Who mows the lawn in their rear garden where the tree is?  I believe its the same principle of maintaining trees.  It doesn't cost anything to maintain a tree, unless its massive, we have a 50 year old tree only 5m tall, I do all the pruning with a loper but people leave it for ages and then the small branch the size of a finger becomes 12inches diameter and £1000s to cut down.

Themoggie

Alan2020 said:

Who mows the lawn in their rear garden where the tree is?  I believe its the same principle of maintaining trees.  It doesn't cost anything to maintain a tree, unless its massive, we have a 50 year old tree only 5m tall, I do all the pruning with a loper but people leave it for ages and then the small branch the size of a finger becomes 12inches diameter and £1000s to cut down.

Hi - they strim the grass. The tree is huge - the trunk is about 3 feet in diameter. The first set of branches are roughly 30 feet from the floor - not something than can be tackled with loppers by a pair of 80 year olds

princeofpounds

Your parents have to abide by their lease. So far, that appears to only mean keeping the garden 'clean and tidy'. The exact wording of any clauses related to the gardens would be useful. 

Assuming that a) the tree is not 'unclean or messy' and b) the tree is not likely to pose a danger to anyone then it is unclear on what basis the HA are demanding the tree is pruned.

In the first instance, I would write back to the HA and politely ask them to explain the grounds on which they are making this demand, as the lease does not specify the tenants must perform tree maintenance on demand.

Ultimately I'm not sure it's worth getting into a legal argument about the definition of 'clean and tidy' - a court may interpret that as effective responsibility - but make them justify it. 

HampshireH

Usually trees re tenant responsibility. Your garden, your tree (or theirs in this case) and could be argued it should have been maintained throughout the duration of the tenancy so not to get to this point.

If the HA feel maintenance of it has been neglected and could damage the property this may explain their request.

Clean and tidy is an odd phrase in a tenancy regarding a garden mind.

AdrianC

Why does the tree need "cutting"? Is it in a condition that is causing danger to others? Trimming back, or cutting down completely?

A grand is a LOT of tree work.

Davesnave

We had 7 quite mature trees taken down for £1k as we were able to arrange disposal (in our wood burner!)

The OP is too vague about what is involved, as many trees only need reducing. If it were me, I'd be ringing the council's tree officer to see if such a fine specimen would benefit from a TPO!

MobileSaver

Themoggie said:

The tree is huge - the trunk is about 3 feet in diameter.

AdrianC said:

A grand is a LOT of tree work.

+1

We would get a day and a half of a five-man team complete with all their machinery for that. They recently felled and chopped a large 5-foot diameter tree for us in half a day.

Chandler85

It is most probably the responsibility of your parents, but you should speak directly with the HA and ask them why it needs to be pruned right now.

They might actually agree to pay for it and let your parents pay them back over time (I know some people won't like that), but the tree is maintained and the bill is ultimately paid.  Where I work, we maintain all the large trees (front or rear of property), in fact we often prune private residents trees at a reduced rate at the same time to help maintain their gardens, which ultimately helps out own residents.

user1977

Themoggie said:

Their lease states they must keep the garden clean and tidy

And is that what the HA are saying requires your parents to deal with the tree? Or do the HA think they're obliged to for some other reason?

Alan2020

AdrianC said:

Why does the tree need "cutting"? Is it in a condition that is causing danger to others? Trimming back, or cutting down completely?

A grand is a LOT of tree work.

Depends on where you are, access issues etc Try cutting an unstable tree overhanging a busy main road in a city like London.  You will pay this amount to sort the safety issues before you even touch the tree.