Destroying plant by landlord without warning

[Magmag]

Hi, Newbie here. Since mid March 2023, I've been trying to find out why my Housing Association landlord chopped down my beautiful ivy vine while I was on holiday abroad, without any consultation or notification. The ivy had been happily growing on the front face of our house for 28 years and was not the the type of ivy that causes damage to brickwork - as is evident now that it's no longer there. It was propagated by my late brother from a cutting from my late mother's plant and so was of considerable sentimental value to me. Our landlord finally replied to our query on Monday with a general apology and stating, "Unfortunately those that were managing your patch have left the organisation so an explanation to what had happened and if this was instructed by ourselves is not one I can give with complete honesty."
I'd really appreciate any advice on what my options are please. Thanks.

[atticus]

Options: probably none. Sorry.

[Magmag]

Thanks Atticus. Could you explain a little please?

[atticus]

I cannot see any basis on which you may bring action with any hope of success. Do you have any reason to think otherwise that you might like the forum to consider?

[Magmag]

* General: Is it legal for non-emergency work to be done on a property without notifying the tenant?

* Ownership and destruction of property: Who owns the plants planted by the tenant? Can a landlord clear a garden without reason or notification?

* Privacy: Can a landlord climb a ladder and view the contents of a bedroom for example, without notice?

* Access to information: Don't I have the right to know why this was done?

[PallasAthena]

* Access to information: Don't I have the right to know why this was done?

I understand the HA to be saying they don't have any information and that the staff involved are no longer with the HA. If that is correct they can't tell you what they don't know.

[Pezza54]

SAR might help discover the reason it was chopped down

[atticus]

SAR will not reveal information that is not held.

[Pezza54]

Please read NRLA's article "Accessing the Property During a Tenancy"

The landlord/tenancy agreement should state details of the landlord's right of access to carry out repairs and maintenance.

In any event the tenant's permission should be obtained and a reason provided why access was required..

Failure to do so may mean the landlord is guilty of trespass and could be liable for damages.

Magmag should complain in writing to the HA Chief Executive.

Just one thing though, is the front garden regarded as the property?

[Pezza54]

| have just read the landlord is guilty of trespass if he does not have the tenant's permission or justification to enter the garden..

The HA may have shot themselves in the foot by not attempting to justify why they removed the vine. .

[PallasAthena]

| have just read the landlord is guilty of trespass if he does not have the tenant's permission or justification to enter the garden..

The HA may have shot themselves in the foot by not attempting to justify why they removed the vine. .

We need to know more about the housing arrangement before concluding there has been trespass

Is the area in front of OP's house a fenced-in private area that forms part of his tenancy, or a communal area?

Does the lease make the OP responsible for maintenace of the garden area or is the HA responsible?

Magmag ?

[Magmag]

Yes, it is a fenced-in private area.

[PallasAthena]

And under your tenancy agreement you are responsible for maintaining the garden? Or are the HA responsible for maintaining the garden?

[Pezza54]

The HA appear to be denying that they instructed the removal of the vine. Some detective work may be required. Did any neighbours see the vine being removed and remember any name on the contractor's van? If so contact the company and ask them who authorised and paid for the work. If not, try calling a few local landscaping contractors and if they didn't do the work do they know landscapers that work for the HA

[Pezza54]

Out of interest was your vine English Ivy, Japanese Wisteria, Chinese Wisteria, Virginia Creeper or Japanese Honeysuckle?