We have a rental property managed by agent. There is a huge tree in our back yard which is protected by council.
During the storm last week in Melbourne, the tree got a branch dropped and damaged the fencing, causing the fencing a bit lean.
The neighbor (elder couple) were very angry at my agent (according to my agent) and want us to pay for the fix.
I contacted the insurance company and council, and they all said that this is an "Act of God" so I am not responsible for that.
I do not want to ruin the relationship with the neighbor, but I cannot pay all fix. The storm is too frequent in Melbourne and it will happen again and again. If I pay this time I may have to pay every time.
And this tree is fully protected tree which we cannot even trim. Even we want to remove one branch we need to apply council approval.
I contacted council asking anything I can do. Council has sent a Councillor to my property to check the tree. What he said is he cannot see any problem with the tree. The only thing we can do is to apply a check approval ($198) and hire a arborist ($200). Council will send another arborist. Only both arborists say that the tree is dangerous and needs to be trimmed/removed, then we can apply for another approval ($200+ cost). That means that we may spend $400 and get nothing. Or even council allows me to trim the tree, I need to spend more than $600 just for the approval. This is ridiculous and I cannot take that.
But the neighbor is still complaining and they think as the tree is in our land it is all our responsibility. Is there a way that we will not ruin the relationship with the neighbor but get everything sorted out?
Any suggestion is appreciated.
Update:
I am now pushing council to do a safety assessment on their cost. The council actually had tree assistance fund but they did not send me the eligible letter. I am asking them why I am not eligible to this program.
NOT YOUR PROBLEM… repeat those words, NOT YOUR PROBLEM.
It was an act of nature, and of negligence on the behalf of your Land Lord. It is their duty to maintain the premises. You are not expected to climb trees.
Do nothing… do not get involved.