Trees: Nuisance
The question
To ask the Secretary of State for Housing, Communities and Local Government, what recent assessment his Department has made of the adequacy of the (a) rights and (b) remedies available to tenants affected by (i) nuisance and (ii) overgrown trees on neighbouring land.
Answered by Miatta Fahnbulleh
Through the Anti-social Behaviour, Crime and Policing Act 2014, social landlords, the police and local authorities have been given a range of powers and tools to tackle anti-social behaviour (ASB), including nuisance. There is also a statutory regime for dealing with a range of nuisances including noise, and it is for individual local authorities to determine the detailed arrangements of the services they provide, taking into account their assessment of local needs and circumstances.
Under the new consumer regulation regime, the Regulator of Social Housing will proactively seek assurances that providers are meeting the outcomes set by the Neighbourhood and Community Standard. Providers will be required to collect and publish data on tenants’ satisfaction with their landlord’s approach to handling ASB, which will ensure that tenants can hold registered providers to account.
Under common law, a landowner can cut the branches from a neighbour's trees at the boundary between the two properties, whether or not they are causing any damage, if they overhang his or her property and are regarded as a nuisance. If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them.
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