Claiming back fees to the council from the grower
posted 16 October, 2006

This is advice on how to write the initial letters to the grower which the law requires, if you wish to claim back your fees later.

It is essential to read the advice on the preliminaries to using the new law before proceding with this.

FIRST LETTER TO HEDGE-OWNER: Polite preliminary letter as suggested towards the end of the preliminaries page, But add "Should we not be able to reach a mutual agreement on the appropriate height of the hedge, I shall have no option but to make complaint to the Local Authority under the Anti-Social Behaviour Act, 2003, at the present cost of (£450), and thereafter to seek compensation from you through the Small Claims Court for the cost of making that complaint."

LETTER OF COMPLAINT TO COUNCIL: No need to mention any future claim for compensation from hedge-owner; this is not a matter relevant to the LA.

AFTER SUCCESSFUL COMPLAINT TO COUNCIL, FURTHER LETTER TO HEDGE-OWNER; "My complaint to the Local Authority has been upheld. I now seek payment from you for the (£450) cost of laying the complaint to the council. Please arrange payment directly to me before the date of (at least 2 weeks hence). Should payment not be made by that date, I shall have no option but to make application to the Small Claims Court for an order for you to make the payment. Such a payment is provided for in the decision of the House of Lords, in the case of Delaware Mansions Ltd v. City of Westminster, 2001."

CLAIM-FORM TO SMALL CLAIMS COURT: cite " I reside at ____. On (date) I wrote to my next door neighbour inviting a discussion as to the reasonable height of his leylandii hedge. I pointed out that if we were not able to reach agreement, I should make complaint under ASBO, 2003 at a cost of (£450), and thereafter seek compensation for this fee. I made complaint to the LA on (date). The decision by the LA was announced on (date), in my favour. I wrote to defendant on (date) inviting payment by (date). No such payment has been made. I now request an order for the defendant to pay compensation for (a) the cost of the complaint fee; (b) the cost of the Small Claims Court application (c) any other costs involved, which together total (cost). The payment of such compensation is expressly provided for in the House of Lords decision of Delaware Mansions v City of Westminster, 2001.I produce the receipts for the sums now claimed."

If the complaint is not upheld, then a difficulty arises, though it does not entirely cancel the chances of gaining a compensation order. It depends on how far the hedge victim is prepared to go, in order to inconvenience the hedge-grower. Hope this helps. Keep up the good work you're doing a grand job ! Alan