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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25437
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A housing association commissioned tree surgeon company to

Resolved Question:

A housing association commissioned tree surgeon company to lop trees in my garden. I returned home from work to find the garden piled 6 feet high with branches and many plants destroyed. I have phoned the Housing Association who said that a neighbour at the back of my property had made a complaint about the trees. They said a mistake had been made - they said the correct procedure had not been followed and that the tree surgeons thought I had given consent and the Housing Association thought the tree surgeon had given consent. The housing association (Eastlands Homes) said they will give me the £940 bill and when I said I wouldn't pay it they said they would go the small claims court. I suggested coming to an amicable agreement and the rely was 'absolutely not.' I had had tree surgeons out to cut some boughs three weeks prior to this and the tree surgeon who was up in the trees said no other branches were at risk of falling off. As I was served with no Notice and no consent was given is it lawful that a company can just trespass and do this to a private home (I am not a member of the housing association)?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify that the HA also wish to attempt to charge you for their tree surgeons bill. Have I understood this correctly please?
Were the trees in question planted on your land or the neighbours land?
Customer: replied 2 years ago.

The HA say they will bill me for the work (£940) and the trees are in my property.

Expert:  Joshua replied 2 years ago.
Extraordinary. Based on what you say the HA appear to be guilty of a trepass and damage to your land. You may even claim criminal damage on the basis they have damaged your property without your permission.The tree surgeons account was agreed between the HA and the tree surgeon from what you say and therefore unless you agreed to pay for it (which I cannot see that you did from what you say) it is a debt owed by the HA to the tree surgeon and you can have no liablity for the same.In addition you may consider making a complaint to the police for criminal damage - the police can be inconsistent in how they approach criminal damage sometimes advising incorrectly that it is a civil matter and sometimes being willing to investigate.irrespective of whether the police prepared to investigate or not, you may also consider a claim for trespass and damage to land including the value of the plants and trees destroyed as well as a claim for loss of amenity the cutting of trees has reduced your enjoyment of the land. initially, you may consider writing to the housing association advising that you will not be responsible for their tree surgeon's account which was not agreed by you and you will look to make a complaint of criminal damage to the police and also claim the amount of £xx (being the value of the trees and plants destroyed and a further claim for loss of amenity if the damage has reduced your enjoyment of your property as well as clearing your land of logs if necessary) in the small claims court unless you received a cheque for the above amount within 10 days of the date of your letter. If they do not settle your claim, you may consider issuing proceedings against them in the County Court. The simplest way to do so is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

Joshua

Thank you very much for your advice - it will help me to word a further letter to the head of the housing association as it looks like this is heading for the small claims court. I will follow up the web link too.

Thanks again,

Rosalind

Expert:  Joshua replied 2 years ago.
A pleasure. Try to amass some photo evidence of the damage caused and prepare an inventory of what has been damaged. You may wish to contact a landscape gardener to obtain a quote on restoration to get an idea of costs. Obviously large trees cannot just be replaced but a claim for their value can pursued as can a claim for loss of amenity as above. Also try to ensure everything is in writing between you and the HA so discussions can be evidenced if you do have to go to court.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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