Q&As

As a landowner, what responsibility does a landlord have for trees? If a lease is silent about liability for inspection and maintenance of trees within the demise, will all liability for the trees automatically pass to the tenant or does the landlord retain any liability for the trees?

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Published by a LexisNexis Property expert

Published on: 07 December 2017

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The extent of the landlord’s obligation(s) in respect of trees will depend upon the nature of any demise of land that has been made.

Some tenancies require consideration of legislative provisions when determining the scope of the landlord’s responsibility, whereas others do not. Perhaps the most obvious tenancy requiring consideration of wider statutory provisions is an Agricultural Holdings Act 1986 (AHA 1986) tenancy.

AHA 1986 tenancy

If the tenant has an agricultural tenancy under AHA 1986, then standards of ‘good husbandry’ are imposed on the

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