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What is my status regarding a large hedge?

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Author Topic: What is my status regarding a large hedge?  (Read 87 times)
Newbie
Posts: 2

I like property

« on: June 21, 2022, 11:58:24 AM »

I have been a tenant for 8 years in a rural property. There is a very tall hedge - about 3 metres high and a run of about 40 metres cyprus trees - which borders my neighbour and usually I have someone in to cut it because it is very difficult to manage. I did not cut the hedge during lockdown and it is looking a bit shabby but there are many birds nesting in different parts of the hedge so I have told the landlord (through their managing agent) that is is unlawful to cut the hedge until the birds have done (probably late July/August) However, they are pushing me to cut it now almost to the point of harassment. Would someone let me know what my status is over this issue.
Full Member
Posts: 193

Landlord - always learning

« Reply #1 on: June 21, 2022, 01:55:54 PM »

https://www.rspb.org.uk/birds-and-wildlife/advice/gardening-for-wildlife/plants-for-wildlife/garden-hedges/hedge-law/

"It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built, or to intentionally kill, injure or take chicks or adults, or intentionally take or destroy any eggs.

It is an intentional act, for example, if you or your neighbour know there is an active nest in the hedge and still cut the hedge, damaging or destroying the nest or contents in the process."

You can't know for sure, but there is a good chance that birds will be nesting there. And if you did start cutting at the landlord's or agent's insistence and did discover a nest, then you'd have to stop anyway.
Global Moderator
Hero Member
Posts: 1551

I like property

« Reply #2 on: June 21, 2022, 06:25:25 PM »

I would quote the law as given by Handyman,and very firmly state that you will not hesitate to report them if they persist. A couple of months is not going to make much difference,What a horrible cruel  landlord.My hedges are full of nesting Dunnocks,and a twitcher friend tells me this is an especially good year for numbers of breeding birds in many areas.
Newbie
Posts: 2

I like property

« Reply #3 on: June 22, 2022, 09:47:26 AM »

Thank you for the comments Heavykarma and Handyman. I am happy to have confirmation that I am doing the right thing. I don't think the landlord is horrible and cruel, just totally misinformed. He is being lead by her Management Company who sends out emails to give instructions on what I must do, in this case "... cut the hedge by the end of this month....".

Thinking of speaking to the landlord to give him details of the Wildlife and Countryside Act of 1981, but he may choose to ignore me and get his Management Company to pursue this anyhow.  In the meantime I will also re-inform the Management Company about this, but so strange that they don't know already as they are also rural Estate Agents and Land Agents.
Global Moderator
Hero Member
Posts: 1551

I like property

« Reply #4 on: June 22, 2022, 10:05:25 AM »

Don't just think about speaking to the landlord,do it.The managing agent is only representing the landlord,who will ultimately be held responsible.They are trying to force you to do something that is both immoral and illegal,don't stand for it.
Full Member
Posts: 193

Landlord - always learning

« Reply #5 on: June 22, 2022, 10:19:58 AM »

@Birdie
How about:

"I will cut the hedge, but to comply with the law I will obviously need to do this later in the year after the risk of disturbing nesting birds is gone.

As you will be aware, it is It is an offence under Section 1 of the Wildlife and Countryside Act of 1981 to intentionally damage or destroy the nest of any wild bird while it is in use or being built. It is an intentional act if is known that there is likely to be an active nest in the hedge and still cut the hedge, damaging or destroying the nest or contents in the process."



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