do i have to pay to have tree removed from my garden?

Question

i am a council tennant and in my front garden is a big tree.the roots to this tree are uplifting my path , they are touching the overhead cables and it blocks alot of light from my house.i asked the council to remove it and they told me it was my responsibility to get it done.they said as the tree is in a garden not a path its up to me, even though its their property. is this right, or should they remove it?

i have only lived in this house for 9 months,we have checked preservation orders ,there are none on any trees in our area.my argument is it is a council house , the tree is on council property so why should i pay?they said as it is in a garden its the owners responsibility,nothing to do with them, but they are the owners not me.i never put it there

Answer 1

If its touching the overhead lines, I'd try starting with the power company! You might get lucky and they fell it!

Answer 2

My friend lives in a council flat which comes with a garden and they have a tree problem. His council told him the same thing as you, ie that it is the tennants job to get rid of the tree. My friend's council wont take any responsibility for it. Seems very unfair, but it looks like what your own council is telling you is true.

By the way, ironically you may need to get permission from the council's planning department before you are allowed to cut down an established tree. You need to check with the council that it doesnt have a "Tree Preservation Order" on it. Otherwise the council will fine you.

I know, it really is very unfair. You have my sympathy

Answer 3

It is the council's responsibility as long as you never planted the tree in the first place. Under the law you have a right to light and the tree is stopping this. Your path is dangerous too if the tree roots are lifting it. What I would do is WRITE to the council's housing department and ask for the tree to be removed because a) it is blocking the light and b) it's roots are lifting the path making it a danger to the public. Let them put their response in writing, then if you get no joy tell your local newspaper or write to your council Ombudsman.

Answer 4

Did you plant the tree or was it there when you took the house over? If it was there when you moved in.I would have said it is their responsibility as it is breaking up the path and is a health and safety issue.Try that as an argument with the council!.If however,you planted it then you really should take responsibility for it and get a tree surgeon in to lop it safely(allthough they are not cheap).My neighbour had to pay for a complete removal of a huge lime tree that was interfering with overhead power lines but that was a privately owned home.

Answer 5

We have a couple of trees like that only they are on our property and lifting the neighbour's drive, too, causing a visitor to fall on the uneven surface.
Decided for safety's sake we would have one taken down.
We were advised to check if they had Preservation Orders on them - which they didn't.
The Council then sent someone out to look at them and slapped Preservation Orders on both.
Their suggestion was that we should lift the tarmac on both drives and have it replaced with stones and gravel; but we live on a steep hill so stones would be washed onto the pavement in heavy rains. Then everyone passing could slip on the loose stones!
Makes you wonder about the intellectual level of Council employees.
Moral - by-pass the Council as suggested and contact the owners of the cables.
You could talk to Citizen's Advice Bureau about ancient lights.

Answer 6

Try Citizens Advice Centre, they are usually very helpful. It could be pointed out to the Council that as the tree is damaging THEIR path, and that THEY have been informed of the damage, if somebody has an accident on said path, they will be responsible. Keep a copy of the letter to them and possibly let your local newspaper have a copy, they like odds and ends to fill a few inches. Never know, you may make the front page.

Answer 7

My dad is a tree surgeon by trade, he tells me that the council may be right, but they will have to continuously repair the path for you, also, if it's touching overhead cables, do NOT attempt to solve it yourself, that is the worst thing you can do, contact the phone or power company (depending on what kind of cable it is, and they will send someone out to assess it and following that risk assessment, the tree will most likely be cut back considerably by a professional, or if it's in agreement with your wishes, it may be removed. Best of luck, DON'T CUT IT DOWN!!! :D (I'm afraid i forgot to ask about the laws on cutting down trees, often you will need to replant. But if you're cutting it back, it's ok, i know that much)

Answer 8

this is just wrong what they have told you.....at the very least the council must come to your house to see if the tree is protected or not only then can you do anything to that tree..you don't own that council house and nor do you own that tree.....they have a dangerous situation if it is touching the electricity cables and it is folly for them to brush it off onto you ....they have people who lop or top trees so i can't see any reason for them to say this.....it may just be some jumped up pri*ck who thinks they are special with power to say anything but in fact they are pen pushers....tell the news paper if you get no joy...that might wake the loonies up a little

Answer 9

Rental agreement..your house is council property..your garden is private property. They are correct in that respect and are not obliged to move it. You will have to contact parks and gardens company to remove it.

Answer 10

Just catch the power company and or get put on a list for trees obstructing power lines.