A couple from Allington feel they are forced to play “Russian roulette” every time they go in their garden because of a neighbour’s tree.

A 90-year-old poplar tree in Grace Avenue overhangs a garden which runs parallel on Newbury Avenue.

Large branches regularly break off but no maintenance work can be carried out without Maidstone Borough Council’s permission because of a tree preservation order imposed last September.

Stellar Bryant, who has lived at the property with husband John for 15 years, said: “We are living in fear because there’s a huge, half-snapped branch overhanging our garden and we don’t know when it’s going to fall.”

John, a retired civil servant, added: “We feel a bit like we’re playing Russian roulette.”

Nic Brokenshire, who owns the tree, said it was on the top of his list of things to do, but his hands were tied until he received permission.

He said: “I have consulted the council and a tree surgeon about it. I’m hopeful work can be done by the end of the week but I have to wait for permission or risk a £2,000 fine.”

A council spokesman said although it was the owner’s responsibility to manage the tree, Mr and Mrs Bryant could apply to carry out work to branches overhanging their property.

However Mr Brokenshire would be liable for any damage caused to neighbouring properties, the spokesman added.