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Destroying plant by landlord without warning

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  • #16
    Thanks again for your help. I'll try to address all the queries so far:
    At the very least, they must know who placed the order for a dedicated team to cut down the ivy and why this was done. Also, it's a bit convenient that it took them 3 months to say that everyone (!) responsible has left the organisation -if that's true, did they leave before our complaint or after...? Were they sacked??
    Is an SAR the best way to obtain the details? Could vital info still be withheld from an SAR?
    I am and have always been responsible for maintaining the garden.
    The TA states " The tenant is permitted to use the front/rear gardens (in common with the other tenants) for as long as it is available but nothing in this clause shall make the garden form part of the tenancy or create any separate tenancy of the garden nor shall the Association be required to make the garden available throughout the tenancy."
    Under "Right to consultation", the TA states "The Association will consult the tenant before making changes in matters of housing management or maintenance which are likely to have a substantial effect on the tenant."
    Also, under "Right to Information", it states "The tenant has a right to information from the Association about the terms of this Tenancy and about the Association's repairing obligations and its policies and procedures on tenant consultation, housing allocation and transfers."
    Under "Access", it states "To allow the Association's employees or contractors acting on behalf of the Association's access at all reasonable hours of the daytime to inspect the condition of the Premises or to carry out repairs or other works to the Premises or adjoining property.
    Sorry, I don't know which species of ivy it was but the wall is clearly undamaged after 28 years. As a matter of interest, just discovered this on the RHS website:
    "People can benefit from ivies too: their ‘ecosystem services’ are becoming increasingly recognised. When grown on walls, recent research has demonstrated that ivy helps keep buildings cooler in summer and less damp in winter. Growing ivies around our homes also improves air quality by trapping particulates."

    Comment


    • #17
      The HA are neither denying nor admitting that they removed the vine but a neighbour confirms that the workmen said that they were sent by the HA

      Comment


      • #18
        Thanks Magmag for all that info.
        There is a legal point of view that others on the forum may or may not agree with:

        When the vine rooted, grew, attached itself to the building and became difficult if not impossible to remove, it became a fixture and therefore the landlord's property. This fixture was not present at the start of the tenancy meaning that the landlord has a right to ask for it to be removed. A small shrub that the tenant nurtured would be a different matter, not a fixture.

        The tenancy agreement states that the garden is not part of the tenancy and that the HA's contractors shall have access at all reasonable hours of the daytime. There is no mention of the tenant receiving notice or an obligation to mow the grass or weed.

        The timing of the vine's removal was unfortunate but heartless if the HA was aware you were away on holiday..

        Comment


        • #19
          Thanks Pezza54. The vine was not hard to remove - which is why there is no damage to the brickwork after 28 years. So I'm not sure if it could be called a fixture. Had they asked for it to be removed, I would have asked why and engaged in a consultation process. Unfortunately, I wasn't given the chance to do so. Yes, there is no mention of the tenant receiving notice but does the "Right to consultation" apply in this case? And yes, they did know we were away and we'd provided them with our daughter's mobile number for situations like this.

          Comment


          • #20
            This ivy was surely planted in the ground i.e. in the garden. The OP specifically has no tenancy rights in respect of the garden.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #21

              Yesterday, 08:08:AM

              * 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?

              Can basic rights - a tenant's right to privacy, for example - be denied by a clause in the TA?

              Comment


              • #22
                Originally posted by Magmag View Post

                Yesterday, 08:08:AM

                * 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?

                Can basic rights - a tenant's right to privacy, for example - be denied by a clause in the TA?
                Have you asked the Landlord for these answers?If those who cut this down no longer work for them near impossible to find this out.

                How can you prove they looked into the bedroom if they were up a ladder removing foliage they would have their eyes open hard not to look through a window in front of them?

                As for non-emergency work did they say it was ?

                Hard to see anything but a few words of apology from them

                Comment


                • #23
                  Plants generally belong to the person on whose land they are planted.

                  Remember my previous post.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #24
                    "Have you asked the Landlord for these answers?If those who cut this down no longer work for them near impossible to find this out.

                    How can you prove they looked into the bedroom if they were up a ladder removing foliage they would have their eyes open hard not to look through a window in front of them?

                    As for non-emergency work did they say it was ?

                    Hard to see anything but a few words of apology from them"

                    Have you asked the Landlord for these answers?If those who cut this down no longer work for them near impossible to find this out.

                    How can you prove they looked into the bedroom if they were up a ladder removing foliage they would have their eyes open hard not to look through a window in front of them?

                    As for non-emergency work did they say it was ?

                    Hard to see anything but a few words of apology from them"

                    Yes, we've been asking since mid March and only got a reply earlier this week to say that no information was available because those responsible had left - which I don't believe.

                    Comment


                    • #25
                      Hard to prove if they have left or are still there no idea where to got to next I always complain to the person at the top sometimes gets results but from experience if its a HA waste of time Anyway try and good luck

                      Comment


                      • #26

                        Thanks wales01man. I feel as though I've lost what I thought were basic rights.

                        Comment

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