The first thing to establish is whether there is a tree preservation order in place - if there is, you'll need permission from the local authority before doing anything.

On the rest, I'm not a lawyer, but my recollection is that you are entitled to trim any overhanging branches back to the boundary, from within your own boundary, and provided the work doesn't disrupt nesting birds or bats. You must offer the trimmings & any fruit to the neighbour (to avoid charges of theft), but if they don't want them then it's your responsibility to properly dispose of them (not on his land, unless he allows you to - that would be dumping). It sounds to me as though your neighbour is being cooperative, unless the trees are dangerous.

If the trees are posing a genuine danger - it sound as though they may be - then I'd contact the Environmental Health Department, and/or get a report from a tree surgeon saying so, as that changes the responsibilities.

As suggested check for TPOs, bats and nesting birds before you do anything.

Second thing is be aware of is that if you hack off the branches overhanging your side you may unbalance the weight within the canopy. If the tree subsequently comes down you might be responsible even if it falls off your property, which it likely will if youve taken the load off your side.

As landlord youll likely always be responsible to the tenants but if you set up an annual tree inspection its unlikely youll be held negligent. Inspection guides are available online if you dont want to pay a tree surgeon.

As we're on a green forum and the tree was likely there before you were, advice should always be leave it alone unless its demonstrably dangerous😊

Thanks.

Does a TPO mean that by default, I cannot cut off any overhanging branches?

Although he is a 'neighbour' is is only via a common boundary. He has recently moved and in the many years that we lived in the maisonette, we never had any contact with the previous owner and I would expect this to continue with the new owners.

When speaking with him yesterday, although friendly enough, he was surprisingly arrogant. His e-mail is also somewhat arrogant. So I Googled him and find that he was a sort of civil servant, director of the Duke of Edinburgh Trust and awarded the appropriate gong for service to whatever. His attitude is that his mansion does overlook my garden and that the tenants do not really look after it as well as they could. Matter of opinion, but that was not the issue.

He has also said that he ensures his children do not play under the trees in windy conditions and the tenants should do the same. He has at a guess 3/4 of an acre for his children, my tenants have around 110 sq meters!

I will check out the TPO.

I don't imagine he would mind a bird feeder hanging but even the lowest branches are much too high to reach for that.

I don't think there is a major risk of a large branch falling and I'm not suggesting cutting the large branches, just the my tenants raised the issue and as the landlord, as with gas and electricity check, I imagine that I have a duty of care. The fact that there is now a 'paper trail' of my raising the issue, would show that.

If something happened, I don't think loss of life is an issue, I would hate for someone to be injured because I had not shown a duty of care.

Posted By: RexDoes a TPO mean that by default, I cannot cut off any overhanging branches?

Without formal permission from the LA, yes.

In general it is the owner of the tree that is responsible but not always. They are not responsible for acts of god such as a branch falling due to a storm. They are liable of the tree is unhealthy and that causes the branch to fall..

Most Landlord Insurance policies cover falling trees so you should check if yours does.

There is a bunch of stuff on the web on this topic. Some links and quotes..

https://www.thetenantsvoice.co.uk/your_home/is-my-landlord-responsible-for-my-damaged-possessions/

"We spoke to Endsleigh Insurance and their advice was, given the circumstances, that the tenants could claim on their own insurance explaining the details including that the tree had been reported, and they would very likely claim the money back from either the letting agents or landlord’s insurance company."

https://treesurgeryshenfield.co.uk/blog/who-should-take-responsibility-if-a-tree-falls-on-my-property-or-vehicle

"Any damage to your home or garden caused by a tree is generally covered by your buildings insurance. If a tree was to fall from your property, a neighbouring property or from the road, your insurance company will probably recover any costs from whoever ‘owned’ the tree."

The neighbour/owner isn't always responsible...

http://www.problemneighbours.co.uk/problems-with-neighbouring-trees-action-guide.html

"If any damage was caused by a tree from your neighbours' property but this was due to 'an Act of God', such as a thunderstorm, any damage was not foreseeable. Your neighbour will not therefore be responsible for this. If any damage caused to your property is severe, you may wish to contact your Buildings Insurance company about this."

"If you are unable to contact the land owner or they refuse to take action, contact your local council's Environmental Health Office. The owner is not under any legal duty to take action, but will be liable if a tree they knew to be damaged caused damage to Property or injury to a person."

https://treesurgeryshenfield.co.uk/blog/who-should-take-responsibility-if-a-tree-falls-on-my-property-or-vehicle

"What if the tree was damaged or diseased before it fell?

This could cause a problem as most insurance companies will refuse to pay out if the property owner cannot prove that the tree was in a good condition before they toppled over.

Sadly, a lot of people either don’t realise or ignore the fact that they have a legal responsibility to ensure that all trees within their property boundaries are safe and healthy, and will not fall on passers-by or damage other people’s property. If you are aware that your tree poses a potential threat, you are legally obliged to take reasonable steps to either make it safe or remove it from your property."

On that last point..

From a past life I know that if someone warns you of a hazard (that is your responsibility to deal with) and yet you do nothing, then you can be liable for extra damages for negligence. So you might consider writing to the neighbour pointing out that:

a) He could be personably liable if his trees cause any damage.
b) That his insurance policy are unlikely to pay out if he cannot prove the trees are healthy.
c) That having been warned that his trees may not be healthy, if he does nothing, he may be liable for damages due to negligence.

Send it recorded delivery and keep a copy.