Can anyone shed any light on my responsibility regarding a tree in the garden nextdoor to my tenanted property. The house nextdoor has a huge Oak tree that has a TPO on it. My tenants have asked if can be pruned, as last year an Acorn and a small branch fell off the tree and hit one of their children. The child was unhurt. I approached next door and asked if they would consider pruning the tree. After having an arborist survey the tree, they have confirmed that they will not be carrying out any work, as the tree is healthy and no pruning is required. Would I be liable if something were to fall from the tree and cause an injury to one of my tenants? Apologies for the long post!!
You have to apply to the local authority for permission to trim a TPO tree that overhangs your fence. Then offer the branches back to the neighbour. You have to pay for this work yourself
Thanks for your response. Do we have an obligation to apply to have the tree pruned? Or can we just leave everything as it is, as the neighbours have advised that the tree is healthy and no work is required.
Did you see the report and get a copy? At the very least inform the L A ,just in case
No I haven’t seen a copy of the report. But I will certainly inform the L A. I’ll also ask for a copy of the report. Not sure they’ll give it to me though!
Keep a log of events yourself J I Case
any work will require planning permission believe it or not (at least it does in our town where trees all have TPOs)
But seriously, an acorn? It’s a tough world out there. How will the darlings ever cope? 
You have a (legal) obligation as a LL to ensure the property is safe for all the occupants including the child. You cant take your neighbour’s word they likely just want to avoid expense.
You dont say how big the small branch is but falling from height it could easily cause an injury
I would ask your neighbours to supply the report and get their arborist to explain why a (small) branch fell if the tree is safe and to provide a written statement that the tree is safe and no further branches will fall - they will be unlikely to do so; and tell your neighbours that you plan to invite the Council environmental health team to assess whether it is a hazard after you have explained the lucky escape of the tenant’s child (from the small branch not the acorn)
The EHO will provide an independent assessment and the Council has the power to order the neighbour to prune it or to do the work themselves.
Also -From the rhs page ‘Trees and the law’
Branches
Can I cut off overhanging branches?
Yes, provided it is done without trespassing onto the other person’s property. It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land. Note that trees covered by a Tree Preservation Order (TPO) or in a Conservation Area will require prior consent from the local authority.
Do I have to get permission from my neighbour or give them notice to cut off the overhanging branches?
No. Your actions are classed as ‘abating a nuisance’ which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required. Similarly prior consent from the local authority is required for trees with a TPO or in a Conservation Area.
What do I do with the prunings?
Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!
Can I cut back further than the boundary to prevent regrowth causing a problem?
No.
What if my neighbour complains about how the tree looks after I have cut off the branches to the boundary?
They do not have any legal recourse but in the interests of good neighbourly relations you might consider options for compromise, such as sharing the cost of a tree surgeon to create a balanced canopy.
Am I liable if I cause damage to a neighbour’s tree as a result?
Yes. In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work (check they have public liability insurance prior to engagement of services).
You may want to seek legal advice (might be available as part of legal cover from OR or your insurer if you have landlord insurance or eg if there is building insurance via a freeholder )
and also inform your insurance company because it is a newly identified risk…
Good luck
Thank you so much for your comprehensive response. I will certainly take action on the steps you have noted. Many thanks.
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