A LANDLORD suing Bromley Council for damage to one of his properties, has had his claim dismissed.

Appearing at the High Court, Landlord Joseph Dayani claimed his property in Anerley Road, which he owned between 1990 and 1998 and let to the council between 1992 and 1995, had been damaged after the council cut down a lime tree standing in its grounds.

The court heard that, in January 1993, strong winds left the top part of the tree resting on the roof of a neighbouring children's home at Betts Way, which was owned by the council.

The day after the storm, the council contractors took out the whole tree, leaving a one-metre high stump, even though Mr Dayani, who owned the tree and land, had not given his permission.

He claimed less than a year after the tree was cut down, cracks appeared in the Anerley Road property.

These he said were caused by heaving in the clay subsoil beneath his premises as a result of felling the tree.

However, the council maintained it had every right to cut down the tree, and also that it had no option because the tree's roots were rotten.

The Council argued any damage to Mr Dayani's house was due to factors other than the tree being felled.

Dismissing the claim, Deputy High Court Judge Robert Moxon Browne QC said it was a puzzle why Dayani, who had previously received more than £500,000 from his insurance company for damage to the house, had brought an optimistic claim at his own expense.

The judge added: “I find he has done so because he feels very strongly that he has been wronged by the London Borough of Bromley, which ought accordingly be brought to book, and to account for what Mr Dayani feels he has lost.”