Tenant or landlord issue

[onthehoof]

We rent a 10 acre grass field that has a brook along one side, in the past the EA have maintained it and kept it clear, but now trying to say it is riparian owners responsibility.
There is a row of massive willow trees along side of brook, one of which has fallen completely in and several others have shed branches.
It would cost thousands to clear brook out and pollard remaining trees.
Is it our responsibility as tenant - the tenancy doesn’t mention the trees?, or Landlord, or do we tell the EA to get stuffed.
Have heard in past of them doing work and then charging for work done.

 

[Goweresque]

On the basis that if suddenly the trees were worth a fortune for some bizarre reason I'd bet a pound to a penny the landlord would be claiming them as his responsibility, I'd say its entirely down to the landlord. Especially if there's nothing in the tenancy about maintenance of trees. If the EA come knocking give them the landlords address and let the two of them fight it out.

 

[Dry Rot]

On the basis that if suddenly the trees were worth a fortune for some bizarre reason I'd bet a pound to a penny the landlord would be claiming them as his responsibility, I'd say its entirely down to the landlord. Especially if there's nothing in the tenancy about maintenance of trees. If the EA come knocking give them the landlords address and let the two of them fight it out.

I'd agree with that, The LL supplies, as a minimum, the fixed equipment to farm the land and the tenant supplies the rest, subject of course to any agreement to the contrary which should be in writing. If it ain't written, those rules should surely apply.

The exception to the relationship is when the holding is a croft where the LL supplies the land in an unimproved state and the tenant owns all the "improvements", i.e. buildings, fences, etc.

 

[Flat 10]

My landlord is responsible for trees.....

 

[Dry Rot]

My landlord is responsible for trees.....

"That which is attached to the land becomes part of the land". Not sure where that leaves things that are screwed down rather than nailed down though!

 

[steveR]

We rent a 10 acre grass field that has a brook along one side, in the past the EA have maintained it and kept it clear, but now trying to say it is riparian owners responsibility.
There is a row of massive willow trees along side of brook, one of which has fallen completely in and several others have shed branches.
It would cost thousands to clear brook out and pollard remaining trees.
Is it our responsibility as tenant - the tenancy doesn’t mention the trees?, or Landlord, or do we tell the EA to get stuffed.
Have heard in past of them doing work and then charging for work done.

Good luck with any negotiations with the EA... if necessary! We have been having fun and games with STW and the EA, but I've now let them squabble amongst themselves...

The EA seem to prefer watercourses blocked these days, to "slow down rainfall entering the main rivers"...!