Can I force neighbour to cut back 30ft holly tree that’s blocking light in my living room? DEAN DUNHAM replies

I am an 87-year-old widower and I live alone in my bungalow. My neighbour’s 30ft holly tree is blocking the light in my living room, so I must have lights on to read or write even in the morning.

Me and my neighbours have asked them to cut it back but they have not promised anything. What are my rights?

B. Ashcroft, Newark.

Dean Dunham replies: If you haven’t done so already, you should make your request to your neighbours in writing, as you will need proof that you have tried to resolve the issue with your neighbour before taking the next step I recommend.

If your neighbours continue to be unwilling to help, you can file a complaint with your local council under what is known as the high hedges legislation, which was introduced in 2005 under part of the Anti-social Behaviour Act 2003.

To be eligible, the hedge or tree must:

• Consist of two or more mostly evergreen or semi-evergreen trees or shrubs;

• Be more than two metres tall;

• Affect your enjoyment of your home or garden because it’s too tall.

When you file the complaint, make sure you provide evidence that you have firstly tried to resolve the matter directly with your neighbour. 

Please note that you may be charged a fee for the complaint to be investigated.

If you cannot satisfy the above test, then you should check with your local council to see if it has any local ordinances or regulations regarding tree height and light obstruction.

If there are no such rules or regulations, the final point to consider is whether the right to light law will help.

Under the Rights of Light Act 1959, you may have a legal right to light if your property had previously received natural light for at least 20 years.

If your property has enjoyed natural light in the room in question for this period, you will have a solution in law.

However, this can be a complex legal area, so you might want to seek legal advice if you believe that this applies to your situation.

We enjoy the slot machines in our local pub but lately our winnings – more than £20 – have not been transferred to our credit balance. 

The management say it’s not their problem and the machines are at fault. What are our rights?

H.D., via email.

Dean Dunham replies: On most occasions, these gaming machines are owned by third party operators and not the establishment where they are located. 

This, however, does not mean that the pub, in your case, was right to fob you off and take the approach that your issue is not their problem.

Pubs and other licensed premises must hold a club machine permit if they have the likes of slot machines on their premises.

In this respect, the Gambling Act 2005 provides that such establishments must abide by a code of practice issued by the Gambling Commission.

Code provision 4.1 states that permit holders should put into effect a written procedure for handling customer complaints and disputes regarding the use of gaming machines on their premises.

It also says that the designated person – the landlord, in this case – should ensure that customers are told the name and status of the person to contact about their complaint. They must be given a copy of the complaints procedure on request or on making a complaint.

While compliance with this section is not a condition of a pub’s machine permit, it is viewed as being best practice – and the Gambling Commission has made it clear that it considers it should be implemented by permit holders. 

You should therefore cite the above to the landlord of the pub and ask for a copy of its complaints procedure and for contact details of the operator of the slot machine.

The pub’s liability will then end, but you do have the right to recover the money you are owed from the machine operator.