Is tree pruning the responsibility of the landlord or tenant?

Is tree pruning the responsibility of the landlord or tenant?

9:14 AM, 6th August 2024, About 3 months ago 14

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Hi, a long term tenant of mine has requested I pay for the pruning of a couple of trees that are on the property, specifically an apple and acer tree.

This request is unusual for me, as I have never covered the cost of tree pruning before.

Unless the trees are in a dangerous condition, I do not see why I should pay for their pruning. I am uncertain whether it is the landlord’s or the tenant’s responsibility to cover this cost.

What do Property118 readers think?

Any advice would be greatly appreciated.

Thanks,

Jazz


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Claire Smith

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10:02 AM, 6th August 2024, About 3 months ago

If pruning is necessary, it would, in my opinion, be your responsibility.
Is there a problem with the trees?
Acers don't usually need pruning. Unless there is a problem with the size/space, I would leave it alone.
Apple trees are supposed to be pruned annually, although I admit that we don't in our own garden. They do sometimes get extra branches trying to grow, which we remove to keep the shape.
Pruning should only be done in winter. Check out the RHS site for this.

Tessa Shepperson

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10:05 AM, 6th August 2024, About 3 months ago

It's probably the tenant's responsibility (if there is nothing in the tenancy agreement about it). As tenants are in charge of the property while it is let to them.

However, if you are concerned for the appearance of the trees and their condition (which could affect the appearance of the garden in future) you may want to consider arranging to get this done yourself. However, the tenant will need to agree for your gardener to have access for this.

Sometimes landlords arrange anyway for a gardener to attend several times a year. If you do this, make sure the cost is covered in the rent and that there is a clause in your tenancy agreement requiring your tenant to allow your gardener access.

MasterG

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10:10 AM, 6th August 2024, About 3 months ago

Generally, landlords are responsible for pruning and maintaining trees and disposing of the cuttings. Under section 11 of the Landlord and Tenant Act 1985, landlords have a legal responsibility to keep the structure of the property in good repair. In other words, unless your tenancy agreement says otherwise, landlords are responsible for maintaining areas of the garden that tenants cannot reasonably maintain. Tenants are responsible for weeding, cutting grass and keeping the garden litter free.

Mark Cairns

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10:16 AM, 6th August 2024, About 3 months ago

If they’re a good tenant, paying market rent and you would want to keep them, then I would consider getting this done while making clear to the tenant that you’re doing it out of goodwill rather than a responsibility.

It probably isn’t going to cost as much as you think it would.

Joey Barton

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11:42 AM, 6th August 2024, About 3 months ago

As landlord, it's your responsibility to do anything in the garden that the tenants cannot easily and safely do themselves. So their job would be to clear leaves, do the weeding, mow the lawn etc. Your job is to arrange and pay for any garden maintenance that requires any level of expertise or specialist tools (like pruning trees). That being said, unless pruning those specific trees is a safety matter, you don't necessarily need to do it at all (though a good landlord would do it for good tenants - say for example if it just looks untidy, overgrown, or is blocking the light).
It's very similar to the situation inside the house. The tenants change the lightbulbs, clean, and tidy... but you get the handymen and engineers in when things need repairing/maintaining by a skilled person.
What you don't want is to be sued because you insisted that your unskilled tenant turns their hand to tree surgery and injures themselves in the process.

Adrian Jones

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12:22 PM, 6th August 2024, About 3 months ago

Do you know how much it would cost?

Have they been pruned before during your ownership?

Freda Blogs

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12:54 PM, 6th August 2024, About 3 months ago

Personally I would prefer to get the work done myself to get it done properly by an expert, rather than leave it with the tenant who may have the cheapest contractor, perhaps unqualified or without the correct equipment 'butcher' the trees and leave them looking appalling - esp as the OP says these are long term tenants.

Ian Narbeth

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14:24 PM, 6th August 2024, About 3 months ago

Reply to the comment left by MasterG at 06/08/2024 - 10:10 I agree with Tessa Shepperson.
By Section 11, there is implied a covenant by the lessor—(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
Trees are not part of the structure or installations of the dwelling house.
Section 11(2) says:
The covenant implied by subsection (1) (“the lessor’s repairing covenant”) shall not be construed as requiring the lessor—
(a)to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,
The tenant has a duty to use the "demised premises" (i.e. everything leased to him) "in a tenant-like manner". If failure to prune is causing problems (e.g. a large branch may scar a brick wall in the wind) then the tenant would be obliged to act.
However, it may be that neither party is legally responsible, in which case, as Tessa notes, the landlord may want to arrange pruning for aesthetic reasons.

Cider Drinker

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18:53 PM, 6th August 2024, About 3 months ago

Private landlords are responsible. Of course, social housing landlords don’t maintain trees and hedges. They don’t even maintain/replace dividing walls and fences.

Lina Borzenkova

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10:59 AM, 7th August 2024, About 3 months ago

Check the tenancy agreement to see if it specifies who is responsible for garden maintenance, including tree pruning. Many agreements stipulate that tenants are responsible for maintaining the garden to a reasonable standard, which might include basic pruning. As a landlord, you are responsible for ensuring that the property is safe. If the trees pose a safety risk (e.g., they are diseased, dead, or could potentially cause damage), it is generally the landlord's responsibility to address the issue. If the trees are not posing a danger but the tenant wants them pruned for aesthetic reasons or to improve their living conditions, this is generally not a mandatory obligation for the landlord. However, it could be seen as a goodwill gesture that might help maintain a positive relationship with the tenant. Check with your local council for any specific regulations or guidelines regarding tree maintenance. There might be rules in place that require certain types of trees to be maintained in a specific way. If the tenant has neglected the garden to the point where the trees have become overgrown and problematic, they might be responsible for the costs of bringing it back to a manageable state. Consider negotiating with the tenant. You could agree to share the cost or suggest they handle the pruning themselves if they are keen on it.

We are a law firm in Guildford, specialising in landlord and tenant issues.

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