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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8963
Experience:  I have been practising for 30 years.
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A tree beside our bungalow is preventing us from getting tv

Customer Question

A tree beside our bungalow is preventing us from getting tv signal and slowing up our broadband this is a new property 1 year old and the Landlords were aware of the problem h=just after we moved in. Despite several requests to deal with the matter they have taken no action I am 66 and disabled my husband is 78 and has health problems including a broken neck we have no one we can ask to chop the branches down for us which leaves us paying a sky bill for no usage. What can we do to expedite this matter?
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Will the landlord agree to cut these branches off?

Is it just the timescale that is the problem?

Is there any Tree Preservation Order on the tree?

Is it deciduous or evergreen?

How tall is the tree?

Would you be willing to pay someone else to cut the branches off?

Customer: replied 8 months ago.
The Landlord has known about this problem since we took on the tenancy (a brand new bungalow, built for people like me with medium disabilities) in April 2015 they promised to look into it and deal with the matter no Tree Preservation Order just a sampling self grown. The tree is deciduous that's the reason why we had no problem in the winter/spring months. The tree must be around 30-40ft, as for paying ourselves we are both pensioners and pay all our rent and council tax we have no other income and it would probably be out of our financial means.
Expert:  F E Smith replied 8 months ago.

If the tree is a deciduous tree and does not hang over the boundary and trespass onto your property, or it is actually on the property but simply prevents you getting a television signal, I’m sorry to have to say that there is nothing you can do about it.

If it’s in a neighbouring property you can cut overhanging branches off and return them to the neighbour and seek the cost of it from the neighbour.

You cannot cut random branches off to get a television signal.

If the tree is in your garden and belongs to your landlord and he simply doesn’t want to do anything about it, that you can’t do anything about it unless he promised, before you went into the property, that he would do this in order for you to get a television signal.

You have a remedy with regard to the tree if it is generally a nuisance but not because you can’t get a television signal. There is already caselaw on this which you will read from this link.

https://en.wikipedia.org/wiki/Hunter_v_Canary_Wharf_Ltd

I’m sorry I wish I could give you a better answer. Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

Customer: replied 8 months ago.
Thank you for help and prompt advice lets hope the law changes soon, no chance, I rate the service and help I have received as excellent.
Expert:  F E Smith replied 8 months ago.

Thank you for those kind words.

You should now see a little button that allows you to rate it formally and that will trigger payment to me.

I really wish I could give you a better answer but as you see, there is case law and hence, you are at the mercy of the landlord. If he will let you cut the tree down that would be fantastic although I appreciate that it’s a cost that you may not want or even be able to pay.

Best wishes.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8963
Experience: I have been practising for 30 years.
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