A guide to a landlord’s responsibility for trees

What better time to make sure your garden is kept in pristine condition than this? As spring approaches and the birdsong forms part of waking up, you may be wondering what your responsibility for trees is as a landlord. 

In this guide, we’ll take a look at how you can ensure your garden is maintained by your tenants, exploring both the responsibilities of landlords and tenants. 

A landlord’s responsibility for maintaining trees

In essence, landlords are responsible for the safety and upkeep of trees on the property, including making sure that trees don’t pose any sort of risk to tenants, neighbours or the public. 

There are a few things you can put in place to ensure that you are upholding your responsibility as a landlord for maintaining trees. 

Design a low-maintenance garden

If you have the means, try to ensure that your garden is as low-maintenance as possible. This way, your tenants won’t feel overwhelmed by it, and they will be more likely to maintain it during the warmer months. 

Here are a few ways you can create a low-maintenance garden: 

• Use artificial grass: this looks neat all year round and is perfect for tenants who don’t know much about gardening.
• Choose low-maintenance plants: use drought-tolerant plants like lavender, hebes, boxwood or evergreen shrubs.  
• Add potted plants or raised beds: this limits the unwanted spreading of growth, is easy to manage and keep tidy, and allows tenants to decorate the garden how they wish. 
• Lay gravel or bark mulch: Instead of lawn, try laying gravel or bark mulch, as this helps with draining and keeping weeds away. 
• Provide simple gardening tools that your tenants can use.
• Avoid high-maintenance features: try to stay clear of ponds, large flower beds, or climbing plants that need regular trimming. 

What are your legal obligations?

The Occupiers’ Liability Acts 1957 and 1984 highlight the landlord’s responsibility for maintaining trees and state that trees need to be kept in a safe condition, preventing them from becoming hazards. This includes weak branches and root damage, for example. You’ll need to adhere to the regulations set by your local council, including any planning laws. 

Also, before pruning or removing any trees, you’ll need to check to see if the trees are protected by a Tree Preservation Order (TPO). This is an order made by the local planning authority that places a ban on cutting down specific trees, groups of trees or woodlands in the interests of amenity. 

If the tree is protected by a TPO, you must get written consent from your local council before carrying out any work, including felling. Failing to comply can result in fines of up to £20,000.

Further to this, you will need to gain permission to fell your trees if your property falls within a conservation area. You will need to inform the council at least 6 weeks in advance before felling or pruning your tree. This applies to trees with a stem diameter of 75mm or more, measured 1.5m from the ground.

At times, planning permission for the property includes the protection of trees, so you will need to make sure that you look into this, too, before pruning or cutting down any trees in your garden. 

However, you won’t need to gain permission to be able to fell your trees if:

• The tree is not protected by a TPO or in a conservation area. 
• If your tree is less than 75mm in diameter at 1.5m high.
• If you’re felling your trees for safety reasons (but still worth consulting your council to avoid disputes or penalties).
• You own the land, and there are no restrictive covenants on tree work.

Reasons you may want to prune your tree 

Here are a few reasons you may be looking into pruning or felling your trees. 

• Overhanging branches into neighbouring properties or public areas
• Root damage to foundations, driveways, or drains
• Blocking sunlight or causing structural risks
• Trees that pose a danger during storms or poor weather
• Disputes with neighbours over responsibility

Are tenants responsible for pruning trees? 

But are tenants responsible for pruning trees? Generally speaking, renters are not responsible for tree trimming unless it is specifically mentioned in the tenancy agreement and they agree to it. 

Most tenancy agreements will require tenants to keep the garden tidy and manage basic maintenance, such as mowing the lawn or trimming small shrubs, but usually, this doesn’t extend to tree work. Being able to work on a tree requires specialist knowledge, which is why we recommend you find a qualified tree surgeon if you need to have work done on your tree. 

If a tenant notices an issue with a tree, such as overhanging branches or signs of disease, they should report it to the landlord rather than attempt to deal with it themselves. Clear communication and well-defined responsibilities in the tenancy agreement help prevent confusion and ensure the property remains safe and well-maintained.

Practical advice for landlords

So, if tenants are not responsible for pruning trees, what can you do to keep on top of the trees in your garden? Here’s what we suggest: 

• Schedule regular tree inspections, especially for mature or large trees
• Hire qualified tree surgeons for assessment and maintenance
• Keep written records of inspections and any action taken
• Respond promptly to tenant concerns about safety or visibility
• Inform tenants of any upcoming tree work that might affect them
• Work with arboricultural professionals
• Know your local council’s tree policies
• Keep communication open with tenants and neighbours
• Budget for seasonal maintenance and emergency call-outs

What happens if you don’t take up your responsibility as a landlord for maintaining trees? 

There will be consequences that cannot be avoided if you don’t manage to keep on top of maintaining your trees. In fact, you may also be held responsible for any personal injury or property damage if your trees are not taken care of.  This may also result in potential legal action taken against you by your tenants if they are subject to harm. As well as this, you may receive fines or enforcement notices from local authorities if you fail to maintain your trees. 

So, be sure to adhere to your responsibility as a landlord for maintaining your trees by putting proactive measures in place. Renters are not responsible for trimming trees, so you won’t be able to rely on them to do so. 

Are you looking for affordable and tailored landlord insurance quotes? If so, make sure to contact our team of experts at CIA Landlords to find the best landlord insurance deals.  You can also visit our advice centre to find out more about garden maintenance tips. 

Contact us today on 01788 818 670 for a tailored landlord insurance quote.