Well thanks everyone for the responses, it seems that the general consensus is that I have to murder the tree - not the answer I was after, but I don't want my house to fall down, that is true!

Some extra info that I forgot to add is that I have been in the house about five years and there was a grapevine that was in that bed, even closer to the house, I had to get rid of it when the fence fell down as it was totally out of control, and this new tree appeared soon after that.

Would it be ok to leave it for this season and see what fruit, if any, it brings... or will the roots get even more vigorous during the summer?

thanks again
lisa