How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

We have been renting a 4 bedroom house years the landlord

Resolved Question:

we have been renting a 4 bedroom house for three years the landlord has decided to sell and wants all the hedges and trees trimmed, for the past three years he has paid for the hedges and trees due to their height, now he has said its our responsibility. where do we stand, the agent has now stated we are responsible for the garden, agreed but we are in a forest hedges are 12 feet plus, trees are 50+.
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Does the tenancy agreement say that you are responsible for the garden but not mention the hedges or trees specifically?

Customer: replied 7 months ago.
It mentions garden and lawns, but not hedges and trees specifically, but they have maintained the trees and hedges for the past few years.
Expert:  F E Smith replied 7 months ago.

For the purposes of the tenancy agreement hedges and trees are part of the garden although normally they would be specified separately because the landlord wouldn’t want you removing hedges and chopping trees down without consent.

Because he has maintained them over the last four years there is an argument that they are not included in your maintenance obligations for the garden and that he has taken control of the but on the other hand, there is an argument that you are lucky that you got away with it for the last four years.

You have to think about whether you want the argument with the landlord or not because he make take exception to the argument which, if you can’t agree between you, would have to be decided by court. Landlords don’t particularly like been taken to court by tenants and you may find that he gives you notice to quit if you are on a Assured Short hold Tenancy. He doesn’t have to give you a reason, you can just give you a s21 notice and then look around for the tenant. You may therefore end up winning the battle but losing the war.

My suggestion would be to tell the landlord that you don’t want an argument or dispute over this and that you will be happy to contribute half of the cost. But decision is yours but preferable to going to court because the judge may decide on the landlord’s favour that you are responsible for the trees and that where you not only got the burden of maintaining the trees but also got the burden of paying not only your own court costs but also the landlords, and with the added risk that the landlord is going to give you notice to quit.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES.

Customer: replied 7 months ago.
We have been given a s21, already- he is selling, I believe we wants us to pay to make the house look good for the sale!
Expert:  F E Smith replied 7 months ago.

I would try to negotiate with him for half the cost at least. However, if you don’t pay at all, he is likely to keep the money back from the deposit scheme to do it himself and then you would be dealing with the deposit scheme in respect of any dispute.

If you simply refuse to do it, he is going to be forced to do it himself.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice