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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4346
Experience:  Solicitor
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A tree was cut down in my garden by a gardener

Customer Question

A tree was cut down in my garden by a gardener sub-contracted by the landlord who owns the neighbouring property. The tree is on my property, but was overhanging to the neighbouring property. Instead of only cutting the overhang to the boundary, the gardener cut the majority of the tree down at the trunk, leaving a only stump. I wrote to the landlord with a estimate for planting of a specimen, but he has advised that the mistake was the gardener's. Can I force the issue of the landlord providing the name and address of the gardener?
Submitted: 11 months ago.
Category: Property Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Whose instruction was it on please?

Customer: replied 11 months ago.
On the instruction of the landlord, with the instructions, as I understand, to trim the overhang on his side of the boundary.
Customer: replied 11 months ago.
I should mention that the landlord owns many properties in the area, and it is possible that the gardener's error stemmed from the belief that my property was also owned by the landlord, and he may have thought that he was justified in doing so.
Expert:  Jamie-Law replied 11 months ago.

It would be the Landlord would would be responsible not the contractor.

But if you want to take action against the contractor then you need to write and ask the Landlord for details within 14 days or say if he refuses you will seek an Order for disclosure.

If he still refuses then you make an application to Court using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

There is a Court fee to pay unless you are entitled to fee remission.

The court will then list the matter for hearing and decide whether to make the Landlord give you the details.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Thank you for this. Just to confirm, even though the landlord instructed the contractor to work on the landlord's property, and the contractor took it upon himself to go beyond those instructions, it is still in principle be the landlord's liability for the contractor's mistake?
Expert:  Jamie-Law replied 11 months ago.

Ah I see. No, the Contractor is liable if went beyond agreed instructions

Does that clarify?

Customer: replied 11 months ago.
Thank you Jamie- that does clarify. Kind regards.
Expert:  Jamie-Law replied 11 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Expert:  Jamie-Law replied 10 months ago.

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