But but but he just purchased the house.. perhaps legally that tree belongs to bandaraya but it could be illegally planted by the previous owner thus it isnt bandaraya responsiblity to pay compensation/repair his house.

Read again I did not mention anything about claiming damage from MBSA. That is another different story with many arguments. What I mention is to request chop down the tree if it belongs within the local council jurisdiction. Any other damage inside/outside the fence is subjective on a case by case basis.