Can the landlord recover the costs of felling a tree from the tenant?

Questioner

My 71-year-old mother has been renting social housing for almost 20 years. When she moved into the house, there was already a very tall birch tree in the front garden. The lease states that my mother is obliged to maintain the garden. She regularly had a gardener prune the large tree at her own expense. The gardener now concluded that the tree was becoming dangerous for the house and that it had to be cut down. The landlord wanted to recover these costs from the tenant, my mother. I indicated that this tree was already there when she moved into the house, that it was already enormous at that time and that my mother had it neatly pruned at her own expense. In my opinion, cutting down a tree does not fall under normal maintenance. The landlord came back today and proposed to pay 2/3 of the €870 total costs (€537) and is of the opinion that my mother should pay 1/3 or approximately €290. Is this reasonable? My mother only has AOW and this is a lot of money for her. On the other hand, legal proceedings are also expensive. Please advise.

Lawyer

Dear, The owner of the land also owns the tree. Garden maintenance, stare apart. If the landlord owns the house or the land, then the costs are for him and not for the tenant, your mother in this. If you can't figure it out, you can contact me directly. If you have any questions, feel free to ask. With kind regards, Mr. J. Groenewegen.