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Huge tree in rented social housing accommodation

  • 11-09-2014 12:14pm
    #1
    Registered Users, Registered Users 2 Posts: 25


    Hi, I'm looking for some information. I rent a property in a social housing house. When I moved in there was a huge evergreen tree planned out the back. The tree has become hugely overgrown and I can't maintain it. The neighbours are complaining and I've asked the housing association if they can help in getting it removed as roots are taking over garden. I was told to sort it myself as I'm the Tennant. Very annoying as the last Tennant planted the tree and I am now left to sort it. Any information is greatly appreciated


Comments

  • Registered Users, Registered Users 2 Posts: 26,288 ✭✭✭✭Mrs OBumble


    Firstly - are you paying differential or market-rate rent? If you're paying market rate, then get back to the HA and tell them to pull finger: if you're not getting social housing rent, then you should be getting private-sector style services.

    But assuming you are on differential rent:

    Is there some particular reason why you cannot get sorted yourself, or why you didn't notice it when you were looking at the house initially?

    If it's cos you're old, then Age Concern or similar might know of some service that would help you. Ditto if you're disabled, try your local support organisation (whatever is relevant for you).

    Other than that .. try the Golden Pages, look for tree-surgeon.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    Firstly - are you paying differential or market-rate rent? If you're paying market rate, then get back to the HA and tell them to pull finger: if you're not getting social housing rent, then you should be getting private-sector style services.

    But assuming you are on differential rent:

    Is there some particular reason why you cannot get sorted yourself, or why you didn't notice it when you were looking at the house initially?

    If it's cos you're old, then Age Concern or similar might know of some service that would help you. Ditto if you're disabled, try your local support organisation (whatever is relevant for you).

    Other than that .. try the Golden Pages, look for tree-surgeon.

    I pay rent that is associated with my means so I pay rent according to my earnings. The tree was not of a big issue when I moved into the property. It has now become an issue. I only asked for advice on who's responsibility it is to remove the tree as I assumed it's the land owners responsibility.


  • Registered Users, Registered Users 2 Posts: 23,891 ✭✭✭✭ted1


    I pay rent that is associated with my means so I pay rent according to my earnings. The tree was not of a big issue when I moved into the property. It has now become an issue. .

    So your negligence caused it to be an issue.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    ted1 wrote: »
    So your negligence caused it to be an issue.

    No, my negligence did not cause it to be an issue, considering the tree was roughly 15 feet tall when I moved in and I trim and maintain what I can. I asked for advice. I didn't asked to be judged.


  • Closed Accounts Posts: 523 ✭✭✭tenifan


    What does the lease say about maintaining the garden? (I realise you're in social housing, but surely there's some sort of agreement you signed?)

    It is the landlord's responsibility unless the lease specifically states it is the tenant's responsibility.
    If it was your responsibility to maintain the garden and you allowed the tree to become overgrown, then you'll be responsible for removing it.

    I realise it was already fairly big when you moved in, but that's the nature of signing agreements.. it puts in black and white what your obligations are. If you didn't want to maintain the garden, you shouldn't have moved in. Once again, I realise you're in social housing so regular contract terms may not apply... perhaps the local authority will be responsible (?)


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  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    tenifan wrote: »
    What does the lease say about maintaining the garden? (I realise you're in social housing, but surely there's some sort of agreement you signed?)

    It is the landlord's responsibility unless the lease specifically states it is the tenant's responsibility.
    If it was your responsibility to maintain the garden and you allowed the tree to become overgrown, then you'll be responsible for removing it.

    I'm waiting for a copy of the lease to be sent out to me. I do maintain my garden but I can't maintain how tall a tree grows.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    ted1 wrote: »
    So your negligence caused it to be an issue.

    He didn't plant the bloody tree.
    He needs to know how to get it removed- and whether or not its his responsibility.
    He does not need smart arsed comments like yours.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    He didn't plant the bloody tree.
    He needs to know how to get it removed- and whether or not its his responsibility.
    He does not need smart arsed comments like yours.

    Thanks for the comment. I know there's no need for the smart comments. I'm a 5ft nothing woman so maintaing the tree is becoming increasingly harder.


  • Registered Users, Registered Users 2 Posts: 754 ✭✭✭Weyhey


    If whoever you are paying your rent to say it is not their responsibility I wonder could you explain the situation to your neighbours who complained and see would they give you a hand removing or trimming it?


  • Registered Users, Registered Users 2 Posts: 26,288 ✭✭✭✭Mrs OBumble


    I'm waiting for a copy of the lease to be sent out to me. I do maintain my garden but I can't maintain how tall a tree grows.



    Yes, you can.

    As stated above, the person who can help you with doing (since you likely don't have skills or equipment) this is called a tree surgeon. Google or the Golden Pages will help you find one.

    If you are paying rent "according to your means" - that is differential rent. Part of the deal with this arrangement (which has you paying a lot less than market rent) is that you are responsible for interior decoration, and garden maintenace.


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  • Registered Users, Registered Users 2 Posts: 1,848 ✭✭✭Andy-Pandy


    It could be in the high 100s to get it removed privately, if not more, do if you have limited means it would be impossible to do. OP, tell the council /landlord that you fear that the tree is a danger to property or people, you need to bring this up as a health and safety issue.


  • Registered Users, Registered Users 2 Posts: 23,891 ✭✭✭✭ted1


    He didn't plant the bloody tree.
    He needs to know how to get it removed- and whether or not its his responsibility.
    He does not need smart arsed comments like yours.

    He watched it grow and waited till it was to big to try and do something about it. If there was a small leak and the tenant didn't report it to the landlord till the house got flooded I would hold the tenant liable. This is the same situation.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    ted1 wrote: »
    He watched it grow and waited till it was to big to try and do something about it. If there was a small leak and the tenant didn't report it to the landlord till the house got flooded I would hold the tenant liable. This is the same situation.

    I'm not a he, I'm just asking for information and advice. That's the whole point of boards.ie.


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    get on to coillite about it.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    JillyQ wrote: »
    get on to coillite about it.

    Thanks for the information. Who are coillite?


  • Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    ted1 wrote: »
    He watched it grow and waited till it was to big to try and do something about it. If there was a small leak and the tenant didn't report it to the landlord till the house got flooded I would hold the tenant liable. This is the same situation.

    If the LL knew the leak was there when the tenant moved in it is the LLs problem for not sorting it sooner.

    This situation depends on if there is a lease stating the tenant is responsible for maintaining the garden areas. In my limited experience it was something the LL sorted.


  • Registered Users, Registered Users 2 Posts: 1,004 ✭✭✭coolemon


    You could chance your arm and ask someone on adverts.ie to remove it for free in exchange for the timber.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    coolemon wrote: »
    You could chance your arm and ask someone on adverts.ie to remove it for free in exchange for the timber.

    If you go down this road- you are liable if they injure themselves, or the property- while removing the tree......

    OP- you are going to have to get a tree surgeon involved. Don't call Coillte- they are tasked with managing the State's Commercial forests- they do not do call-outs to private property to conduct tree surgery.

    If you ask the council- they may have a register of properly qualified tree surgeons who may be available to do small jobs, at a reasonable fee. Most councils keep a small register- for the purposes of emergency clearing of downed trees on public property and roads, especially in the winter months.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    If the LL knew the leak was there when the tenant moved in it is the LLs problem for not sorting it sooner.

    This situation depends on if there is a lease stating the tenant is responsible for maintaining the garden areas. In my limited experience it was something the LL sorted.

    It depends on the type of lease the tenant has. If it is rented social housing for example- the tenant would normally be responsible for the upkeep and maintenance of the residence and the garden. If it is a private rented property- legally this responsibility falls on the landlord (though they may reassign this responsibility through the lease).


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    If you go down this road- you are liable if they injure themselves, or the property- while removing the tree......

    OP- you are going to have to get a tree surgeon involved. Don't call Coillte- they are tasked with managing the State's Commercial forests- they do not do call-outs to private property to conduct tree surgery.

    If you ask the council- they may have a register of properly qualified tree surgeons who may be available to do small jobs, at a reasonable fee. Most councils keep a small register- for the purposes of emergency clearing of downed trees on public property and roads, especially in the winter months.
    Absolutely!!! Whoever takes a tree down should be fully trained and insured for such a potentially dangerous undertaking, especially so when it's done in a confined space like a back garden.


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  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    slimjimmc wrote: »
    Absolutely!!! Whoever takes a tree down should be fully trained and insured for such a potentially dangerous undertaking, especially so when it's done in a confined space like a back garden.

    Exactly- which is why you can't rent a chainsaw anymore (funnily enough there isn't any problem buying one- you just can't rent one......)

    OP- get a professional to take the tree down. Its not worth the potential damage a 'handyman' might do to the garden, the house, adjoining property- or indeed themselves. I've two colleagues in here with missing fingers- and I've a scar on my leg- and thats when I had professional kevlar trousers and other protective gear on. (I haven't renewed my certification or insurance in a long time- so unfortunately- I'm not going to volunteer to assist).

    Contact your local council- they may be able to give you a few names and contact details of some local practitioners, who may be able to assist.


  • Registered Users, Registered Users 2 Posts: 10,263 ✭✭✭✭Borderfox


    From what I can remember it was about 200 euro to get a tree down that was about the height of a house. He was fully insured and chipped the smaller branches and took away the larger parts. That was about 3 years ago, can't remember his company name though

    Maybe get a quote and go back to the ll and see if they will first do all then maybe 50 per cent?


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    Borderfox wrote: »
    From what I can remember it was about 200 euro to get a tree down that was about the height of a house. He was fully insured and chipped the smaller branches and took away the larger parts. That was about 3 years ago, can't remember his company name though

    Maybe get a quote and go back to the ll and see if they will first do all then maybe 50 per cent?


    200 seems like a reasonable price. It's not that I wanted it removed for free. I just have been asking the housing association about this for a while now and they kept telling me they would get back to me. I asked them is there any information they could give me on how I go about getting it removed and was it my responsibility because it was planted in the premises when I moved in. The reply I finally got today said. Apologies for the late reply but the trees are the Tennants responsibility. Sorry about that.
    And no further information so much for being a housing association that is funded by government grants as well as the rent I pay as I work.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    Weyhey wrote: »
    If whoever you are paying your rent to say it is not their responsibility I wonder could you explain the situation to your neighbours who complained and see would they give you a hand removing or trimming it?

    If only people were that willing to help out in this day and age.


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    coolemon wrote: »
    You could chance your arm and ask someone on adverts.ie to remove it for free in exchange for the timber.

    It's looking like I'll have to do that. thanks for the advice


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    coolemon wrote: »
    You could chance your arm and ask someone on adverts.ie to remove it for free in exchange for the timber.

    Tempting either way it seems it's my responsibility however unfair it is


  • Registered Users, Registered Users 2 Posts: 27,367 ✭✭✭✭GreeBo


    He didn't plant the bloody tree.
    He needs to know how to get it removed- and whether or not its his responsibility.
    He does not need smart arsed comments like yours.

    The tree was there when the OP moved in.
    They knew they couldnt maintain it.
    They didnt maintain it appropriately.
    The tree is now a problem for others.

    Of course its the OP's fault.

    Tree removal will be upwards of €350


  • Registered Users, Registered Users 2 Posts: 25 Speaksthetruth


    Yes, you can.

    As stated above, the person who can help you with doing (since you likely don't have skills or equipment) this is called a tree surgeon. Google or the Golden Pages will help you find one.

    If you are paying rent "according to your means" - that is differential rent. Part of the deal with this arrangement (which has you paying a lot less than market rent) is that you are responsible for interior decoration, and garden maintenace.

    Perhaps you should change your user name to chiponyourshoulderaboutsocialhousingtennants


  • Registered Users, Registered Users 2 Posts: 2,382 ✭✭✭JillyQ


    Thanks for the information. Who are coillite?

    state forestry body.


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  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    I know I'm being pedantic- but its Coillte- which is the Irish for woodlands or forest.


  • Registered Users, Registered Users 2 Posts: 2,456 ✭✭✭Icepick


    Perhaps you should change your user name to chiponyourshoulderaboutsocialhousingtennants
    He just stated facts.


  • Moderators, Society & Culture Moderators Posts: 32,286 Mod ✭✭✭✭The_Conductor


    Icepick wrote: »
    He just stated facts.

    He- is a she- as indeed is the OP.
    As the OP now has the pertinent information- thread closed.


This discussion has been closed.
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