The owner of a tree is generally responsible for keeping it safe, but if a healthy tree is brought down by an exceptional storm, the owner is usually not to blame. In practice, most people claim on their own insurance. This guide covers what to do first, who is responsible in each situation, what insurance usually covers, and what evidence to keep.
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What to do nowWho is responsible?The lawInsuranceEvidence to keepCommon situationsProtected treesCroydonRogue traders
If anyone is in danger, call 999 first. For a fallen or dangerous tree in Croydon, call us on 07881 305352. See our emergency tree work page.
| Whose tree is it? | Who is generally responsible | What to do |
|---|---|---|
| Your own garden | You, as the owner | Make it safe, tell your insurer, and keep records |
| Your neighbour's tree falls into your garden | The neighbour owns the tree, but liability depends on whether they were at fault | Take photos, tell your neighbour and your insurer. Your own policy usually covers damage to your property |
| A council street tree, park or housing estate tree | Croydon Council, as the owner | Report it to the council with photos and the exact location |
| A tree on a red route or TfL road | Transport for London | Report to TfL |
| A tree on railway land | Network Rail | Never go near the line. Contact Network Rail on 03457 11 41 41 |
| A tree beside the tram line | The tram operator or landowner | Keep clear and report it to Transport for London |
| A tree on a rented property | The landlord, as the owner | Report it in writing to the landlord or agent |
| A tree on a communal or shared area | The freeholder or managing agent | Report it to them in writing |
The law here is mostly negligence and nuisance, not a special rule for trees.
| Principle | What it means |
|---|---|
| Owners must take reasonable care | Tree owners have a duty to take reasonable care that their trees don't injure people or damage property. This comes from the Occupiers' Liability Acts 1957 and 1984 and the common law of negligence |
| What's "reasonable" depends on the facts | A sensible, proportionate approach is expected: more care for large trees near roads, paths and buildings |
| Known problems matter | If an owner knew, or should have known, that a tree was dead, diseased, decaying or leaning, and did nothing, they're more likely to be liable |
| Healthy tree, exceptional storm | If a healthy tree is brought down by exceptional weather, the owner is generally less likely to be liable |
| Warnings count | If you wrote to a neighbour warning them about a tree and they ignored it, that letter can be important evidence later |
It's not automatic that "my neighbour's tree, my neighbour pays". In many cases, each household claims on its own insurance, and that's usually the quickest route. Each case depends on the facts, and this is not legal advice.
Many home insurance policies cover damage caused by a fallen tree rather than the cost of removing the tree itself. Check your policy, keep photos and invoices, and tell your insurer.
| What was damaged | Typically covered by |
|---|---|
| Your house, roof, conservatory or garage | Buildings insurance, which usually covers storm damage, subject to an excess |
| Contents inside the house | Contents insurance |
| Your car | Comprehensive motor insurance. Third-party-only policies don't cover damage to your own car |
| Fences, gates, sheds and greenhouses | Often covered only for specific causes such as storm, and some policies exclude them. Check yours |
| Clearing the tree itself | Many policies cover damage caused by the tree, and some cover clearing it where it has fallen on the building or blocked access, but not routine tree removal |
| Trees and plants in your garden | Often not covered, or covered only for limited amounts |
Tips for a smooth claim: report it quickly and keep claim reference numbers; check how your policy defines "storm"; don't dispose of evidence; get a written quote or invoice for the tree work; and keep receipts for any urgent steps to prevent further damage.
| Evidence | Why it helps |
|---|---|
| Photos and video of the tree, the damage and the surrounding area | Shows what happened and when |
| Date, time and weather conditions | Supports a storm claim |
| Photos of the tree before the storm (Street View, family photos) | Shows its condition and whether it was leaning or diseased |
| Names and contact details of witnesses or neighbours | Supports your account |
| Copies of any letters or messages about the tree before the storm | Shows what the owner knew |
| Quotes, invoices and receipts | Supports the claim and shows costs |
| A written report from a qualified arboriculturist or tree surgeon | Gives an independent view of the tree's condition |
We can provide a written assessment and photographs of the tree's condition when we attend, which many insurers and owners find useful. See tree surveys.
Get everyone out of any damaged part of the building, and call 999 if anyone is in danger. Keep clear of power lines, take photos, tell your insurer and call us to remove the tree safely using sectional dismantling and rigging. See trees near buildings.
Keep away from the car if the tree is touching power lines. Take photos, tell your insurer and call us to lift the tree off safely. A fence or shed can often be made safe the same day or soon after, unless it's unstable, near power lines or blocking access.
Report it to Croydon Council with photos and the exact location, and tell your insurer. A claim against the council generally needs evidence that the council knew, or should have known, about a defect and failed to act. Don't cut or remove the council's tree yourself.
If anyone is in danger, call 999. Otherwise, report a road tree to Croydon Council (red routes are TfL's). Never go on or near a railway or tram track, and keep well clear of overhead lines. Contact Network Rail for railway land.
Stay well clear, call 105, and call 999 as well if there's a significant risk to the public.
Keep clear, and get it checked quickly. A new lean, soil heaving at the base, exposed roots or split limbs can mean it's about to fail. See emergency tree work.
A fallen or storm-damaged tree can still be protected by a tree preservation order (TPO) or sit in a conservation area. Croydon Council says a dead tree needs no formal permission, a dying tree does, and for a dangerous tree only the urgent works necessary can be done without consent, asking for five days' notice. Keep photographs and a report, because the council can ask what condition the tree was in. See our TPO guide and Do I need permission to fell a tree?
| Part of Croydon | What we commonly see |
|---|---|
| Hillsides in the south (Purley, Kenley, Coulsdon, Sanderstead, Selsdon) | Exposed gardens, large mature trees and brittle ash, so big limbs and whole trees can come down |
| The wooded east (Shirley) | Large oaks and heavy tree cover |
| Upper Norwood and Crystal Palace | Large old trees on a ridge, steep gardens, and several boroughs, so check whose tree it is |
| Terraces (Addiscombe, Thornton Heath, Norbury) | Trees falling across fences into neighbouring gardens, onto outbuildings and parked cars |
| Railway embankments, tram routes and main roads | Network Rail, the tram operator and TfL are responsible, so report rather than act |
Waterlogged ground loosens roots, so trees can lean or fall days after a storm, not just during it. Look for soil heaving at the base, a new lean, exposed roots, split trunks, torn bark and broken branches hanging in the crown.
After a storm, cold callers often knock offering to clear a tree quickly for cash. Be careful:
| Warning sign | What to do instead |
|---|---|
| Door-to-door offers to cut the tree "today" | Say no. Get a written quote from a firm you've checked |
| A very low price, or pressure to decide now | Check what's included. Be cautious of anyone insisting on cash upfront |
| No proof of insurance or qualifications | Ask to see public liability insurance and NPTC/LANTRA certificates |
| No questions about TPOs or conservation areas | A good tree surgeon asks before quoting |
| "Topping" the tree | Walk away |
The owner of the tree is generally responsible for keeping it safe, but if a healthy tree is brought down by an exceptional storm, the owner is usually not to blame. Each case depends on the facts.
Most people claim on their own insurance. Whether the tree owner is liable depends on whether they knew, or should have known, of a problem and failed to act.
Buildings insurance usually covers damage caused by a tree in a storm, subject to your excess. Whether it covers clearing the tree itself varies by policy, and routine tree removal isn't usually covered.
Usually your own comprehensive motor insurance. Third-party-only policies don't cover damage to your own car.
Not automatically. If it was a healthy tree and an exceptional storm, they may not be. If it was visibly dead or diseased and they'd been warned, they might be. Take photos, tell your insurer and tell your neighbour.
Report it to Croydon Council with photos and the exact location, tell your insurer, and don't remove the tree yourself.
Stay well clear, call 105, and call 999 as well if there's a significant risk to the public.
We advise against it. Fallen trees can be under tension and can roll or spring without warning, and chainsaw work is dangerous.
Only the urgent works necessary to remove an immediate risk of serious harm, and tell the council. Keep photographs and ideally a report.
As soon as possible. Report the claim, keep the reference number, and ask before arranging major repairs unless urgent work is needed to prevent further damage.
It might be. A new lean, soil heaving or exposed roots can mean the roots are failing. Keep clear and get it checked quickly.
Tell us what you need and where. We check the tree's protection first, then we send a written quote.
Or call 07881 305352 directly.
This is general information, not legal or insurance advice.
Last reviewed October 2026. Rules and figures come from Croydon Council pages checked on 1 October 2026; always confirm with the council for your own tree.