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Is the garden demised to your property exclusively please?
Is the hedge planted entirely within your boundary?
Sorry, I hit the return button by accident, answers are: Is the garden demised to your property exclusively please? YES
Is the hedge planted entirely within your boundary? YES
Thanks. Lastly is there a right for the landlord to cut your hedge or otherwise maintain your garden in the lease?
I will need to check my lease again when I get home in about an hour.
I have checked the lease and there is no specific clause stating that the landlord has the right to cut my hedge or maintain my garden. There are other general clauses about upkeep of the 'House' and 'Building' etc.
Thanks. On the basis that the hedge is planted on land demised to you and the landlord has no rights in the lease to enter onto your land for the purposes of maintenance then third parties must seek your permission to cut into your hedge as it is your property. To do so without your permission can be a trespass and that person can be liable to you for damages.
If the hedges are overgrowing onto land which is not within your demise then such parts can be cut back to your land though you have a right to the return of such parts that are cut back
Is there anything above I can clarify for you?
Thanks. I did say that there are general clauses and they do state the landlord has rights to enter for maintenance but it doesn't specifically state the garden or hedge. Does that change anything?
The landlord always has a right to enter for maintenance purposes in a lease. The landlord can only use such provisions where he can demonstrate maintenance is reasonably required under his obligations in the lease. As he is unlikely to be responsible for maintaining your hedge such clauses will not assist him
Is there anything above I can clarify for you any further?
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Ok, thanks. Just to be totally clear, does that mean the Freehold Directors acting as 'Landlord' do not have the right to instruct contractors to cut my hedge without my permission, even if they say it is required in order for the contractors to paint the railings? The railings would be deemed the landlord's responsibility to maintain. Or could they argue it is reasonably required to maintain the railings?
Are the railings on your land or common land? is the hedge overgrowing the reailings?
The railings are on top of a low brick wall which is in front of my garden. The hedge is in my garden and grown in between the railings. I am happy to trim it back so they can paint the front of the railings but I don't want to cut it all away in order for them to paint all 4 sides of each railing. To do that, the whole hedge would have to be cut.
Thanks. Are the railings outside or within your demise?
The wall and railings form the boundary that separate my garden and the main pavement/road. The lease states that landlord is responsible for the maintenance of railings.
Thanks. On this basis if the hedge is overgrowing the railings it can be cut back so that it does not overhang the railings.
Sorry, do you mean the Freehold Directors have the right to do this?
Either the freeholder company or if there is on the management company has a right to do so acting by its directors