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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Landlord has told me he is selling his house when my tenancy

Resolved Question:

Landlord has told me he is selling his house when my tenancy is up at the end of the year. I have been here 3 1/2 years and think I am an excellent tenant, always paying my rent on time and keeping the house in great order. I also work very hard on his large, high maintenance garden but he is insisting I pay to lop 9 mature trees and other high bushes in the garden before I have to move, which I don't think I should do. I have a clause in my lease which states I should not be cutting down trees without his permission. I suppose he is giving me permission by telling me to do it but the other clause states I am only to keep the grass and shrubs in good order, which I very much do; I cut everything that is below about 5 or 6 ft. But I am physically unable to do what he is asking so will have to pay for professionals to come do the work. Can he force me to do this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Does the agreement say you are liable for trees and bushes please?

the contacts states "to keep the garden, to include shrubs and hedges, in the same character, weed free and in good order and to cut the grass at reasonable intervals during the growing season. Not to dig up, or cut down, any trees, shrubs or bushes or timber (if any) except with the Landlord or (letting agent's) prior written consent."

Alex Watts : Same character as what?
Alex Watts : are they in same position now as they were when you moved in ?

hi Alex; all of the plants are in the same position, I can't move trees. Basically everything below about 5 or 6 ft tall I look after very well; I trim down all the shrubs, weed all the borders, keep the gravel areas and pathways weed free and tidy. The landlord is insisting I pay to have specialists in to cut the trees; there are 3 tall hawthorns, 2 big pine walls, a fig and 3 fruit trees. I am not sure how high they were when I moved in because the photos on record don't show them.

Alex Watts : Ok. Well I assume he does not either. The substantial things like trees and hedges etc are down to the landlord. You can refuse to pay and all he can do is try and take it from uour deposit. But then he will need to show the TDS it was a term of the agreement of went beyond his obligations as a landlord.
Alex Watts : i think your position is stronger than his.
Alex Watts : Can I clarify anything for you about this today please?

Does TDS mean tribunal dispute service?

Alex Watts : Yes and Tenancy Deposit Scheme.
Alex Watts : Does that clarify?

Yes, I think I have a strong case too. thank you.

Alex Watts : Great, can I help with anything else today?

No that is all thank you.

Alex Watts : Great, If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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