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    • rmg1
    • By rmg1 7th Dec 17, 10:58 AM
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    rmg1
    Fence repairs
    • #1
    • 7th Dec 17, 10:58 AM
    Fence repairs 7th Dec 17 at 10:58 AM
    Hi all

    Not entirely sure this is right place to put this (MODS - feel free to move it a better section) but here goes....

    I am a council tenant and have a fence around my garden (erected by the council).
    One of the fence posts has rotted where it goes into the ground and the section of the fence now moved and will, eventually, give way.

    I've reported it to the council but they say it's my responsibility.

    I've checked my tenancy agreement which states (under the Garden section):-
    “You must not erect fences, walls or gates without written permission. We will not be responsible for the repair or maintenance of fences you have erected”

    The tenants handbook, however, states (under the Your Responsibilities section):-
    “Repairing boundary fences and associated hardware”

    To me, these two items contradict each other.
    The tenancy agreement (to me) states that if I erect a fence, it's my problem if it rots/falls down/gets blown down. No problem there. The fence, however, was erected by the council.

    Can anyone shed (pardon the vague pun) any light on this?
    Flagellation, necrophilia and bestiality - Am I flogging a dead horse?

    Any posts are my opinion and only that. Please read at your own risk.
Page 1
    • martinsurrey
    • By martinsurrey 7th Dec 17, 11:02 AM
    • 3,225 Posts
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    martinsurrey
    • #2
    • 7th Dec 17, 11:02 AM
    • #2
    • 7th Dec 17, 11:02 AM
    Hi all

    Not entirely sure this is right place to put this (MODS - feel free to move it a better section) but here goes....

    I am a council tenant and have a fence around my garden (erected by the council).
    One of the fence posts has rotted where it goes into the ground and the section of the fence now moved and will, eventually, give way.

    I've reported it to the council but they say it's my responsibility.

    I've checked my tenancy agreement which states (under the Garden section):-
    “You must not erect fences, walls or gates without written permission. We will not be responsible for the repair or maintenance of fences you have erected”

    The tenants handbook, however, states (under the Your Responsibilities section):-
    “Repairing boundary fences and associated hardware”

    To me, these two items contradict each other.
    The tenancy agreement (to me) states that if I erect a fence, it's my problem if it rots/falls down/gets blown down. No problem there. The fence, however, was erected by the council.

    Can anyone shed (pardon the vague pun) any light on this?
    Originally posted by rmg1
    the first part says if they give you permission to erect a fence that fence is your problem, the second one says that all existing fences are your problem.

    No contradiction, fences are your problem.
    • rmg1
    • By rmg1 7th Dec 17, 11:08 AM
    • 2,889 Posts
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    rmg1
    • #3
    • 7th Dec 17, 11:08 AM
    • #3
    • 7th Dec 17, 11:08 AM
    But what about fences they've erected?
    There's the contradiction (as I see it, anyway).
    Flagellation, necrophilia and bestiality - Am I flogging a dead horse?

    Any posts are my opinion and only that. Please read at your own risk.
    • LilElvis
    • By LilElvis 7th Dec 17, 11:23 AM
    • 3,198 Posts
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    LilElvis
    • #4
    • 7th Dec 17, 11:23 AM
    • #4
    • 7th Dec 17, 11:23 AM
    You have to get permission before putting up a new structure where one currently does not exist and you are responsible for repairing the fence, whoever put it up in the first place. Seems clear to me.
    • NCC-1707
    • By NCC-1707 7th Dec 17, 11:27 AM
    • 56 Posts
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    NCC-1707
    • #5
    • 7th Dec 17, 11:27 AM
    • #5
    • 7th Dec 17, 11:27 AM
    But what about fences they've erected?
    There's the contradiction (as I see it, anyway).
    Originally posted by rmg1
    There's no contradiction. Tenants are responsible for repair of fences...no matter who erects them.
    • Manxman in exile
    • By Manxman in exile 7th Dec 17, 12:33 PM
    • 1,031 Posts
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    Manxman in exile
    • #6
    • 7th Dec 17, 12:33 PM
    • #6
    • 7th Dec 17, 12:33 PM
    There's no contradiction. Tenants are responsible for repair of fences...no matter who erects them.
    Originally posted by NCC-1707

    I agree that their is no contradiction. But I do wonder where "repair" of existing fences ends and "erection of a new fence" begins - an age old conundrum...


    None of the fences on the property we live in are the "existing" fences of 20 years ago. Over several storms and rotting, we've replaced all the fence posts and panels. I think we've repaired them but an argumentative person could say we've erected "new" fences. I suppose if you follow the existing fence line it's just a repair.


    OP - I think you are responsible for repair of the fences whoever erected them, but you might want to check with the council that they are happy for you to carry out any necessary repairs.
    • micky2phones
    • By micky2phones 7th Dec 17, 12:58 PM
    • 294 Posts
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    micky2phones
    • #7
    • 7th Dec 17, 12:58 PM
    • #7
    • 7th Dec 17, 12:58 PM
    But what about fences they've erected?
    There's the contradiction (as I see it, anyway).
    Originally posted by rmg1
    Hi, Look at it another way.

    Its a bonus that the fence was put up in the first place by the council, saving you the time and money ?
    • rmg1
    • By rmg1 7th Dec 17, 3:18 PM
    • 2,889 Posts
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    rmg1
    • #8
    • 7th Dec 17, 3:18 PM
    • #8
    • 7th Dec 17, 3:18 PM
    Thanks all, just wanted to make sure my local council wasn't shirking its responsibilities.
    I do still find it odd that the tenancy agreement specifically uses this phrase :-
    "We will not be responsible for the repair or maintenance of fences you have erected”
    Flagellation, necrophilia and bestiality - Am I flogging a dead horse?

    Any posts are my opinion and only that. Please read at your own risk.
    • Manxman in exile
    • By Manxman in exile 7th Dec 17, 3:59 PM
    • 1,031 Posts
    • 720 Thanks
    Manxman in exile
    • #9
    • 7th Dec 17, 3:59 PM
    • #9
    • 7th Dec 17, 3:59 PM
    Thanks all, just wanted to make sure my local council wasn't shirking its responsibilities.
    I do still find it odd that the tenancy agreement specifically uses this phrase :-
    "We will not be responsible for the repair or maintenance of fences you have erected”
    Originally posted by rmg1

    OK. I'm now thinking that is a bit odd too - despite my earlier post (denying any contradiction!). That clause implies (to me at least) that they might be liable for repairs to fences erected by the Council themselves (or previous tenants?).


    Is the Tenants Handbook incorporated into the Tenancy Agreement?


    I would suggest this is not a Consumer problem. I would suggest getting the board Mods to move this thread to the Essential money/ Home buying and Renting board or the DIY one on this board.


    Hope that helps. I've never been a council tenant but would want the landlord to fairly cover their responsibilities.


    I don't know how to get Mods to move threads (I haven't read fully the T&Cs!) but it happens all the time.
    • rmg1
    • By rmg1 7th Dec 17, 4:28 PM
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    rmg1
    Now can you see my confusion?
    The Tenancy agreement is a couple of pages but the handbook (which I don't think I've ever seen) is a separate document.

    The last time I had a post moved, I reported my own post and asked them to do it that way.
    I'll try that again.
    Flagellation, necrophilia and bestiality - Am I flogging a dead horse?

    Any posts are my opinion and only that. Please read at your own risk.
    • agrinnall
    • By agrinnall 7th Dec 17, 4:39 PM
    • 18,721 Posts
    • 14,424 Thanks
    agrinnall
    I agree that their is no contradiction. But I do wonder where "repair" of existing fences ends and "erection of a new fence" begins - an age old conundrum...
    Originally posted by Manxman in exile
    Trigger's broom!

    https://www.youtube.com/watch?v=BUl6PooveJE
    • unholyangel
    • By unholyangel 7th Dec 17, 4:39 PM
    • 11,600 Posts
    • 8,735 Thanks
    unholyangel
    Now can you see my confusion?
    The Tenancy agreement is a couple of pages but the handbook (which I don't think I've ever seen) is a separate document.

    The last time I had a post moved, I reported my own post and asked them to do it that way.
    I'll try that again.
    Originally posted by rmg1
    I could see your confusion if one stated they would be liable for repairs/maintenance to fences they erect and the handbook said you are liable to repair/maintain boundary fences.

    But as it is, you seem to be reading something into it that isn't stated.
    Money doesn't solve poverty.....it creates it.
    • shaun from Africa
    • By shaun from Africa 7th Dec 17, 6:06 PM
    • 9,618 Posts
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    shaun from Africa
    Is the fence between your house and another property? If so, speak to the householder concerned and see if you can get them to agree to split the cost.
    Providing that the fence itself is okay, replacing one post won't be an expensive job.

    If the fence is between your property and public land then you really need to get it sorted asap just incase it comes down and Injures someone. As you are aware that it's insecure, you would be liable for any harm or damage caused to others.
    • rmg1
    • By rmg1 8th Dec 17, 10:51 AM
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    • 737 Thanks
    rmg1
    @Shaun - the fence is between the garden and pavement/road.
    The entire estate is owned by the local council.

    My current gripe with the council is with the phraseology as noted in post #8.

    Why that specific phrase? I can't get a proper answer out of the council to clear the matter up.
    Flagellation, necrophilia and bestiality - Am I flogging a dead horse?

    Any posts are my opinion and only that. Please read at your own risk.
    • martinsurrey
    • By martinsurrey 8th Dec 17, 11:37 AM
    • 3,225 Posts
    • 3,927 Thanks
    martinsurrey
    @Shaun - the fence is between the garden and pavement/road.
    The entire estate is owned by the local council.

    My current gripe with the council is with the phraseology as noted in post #8.

    Why that specific phrase? I can't get a proper answer out of the council to clear the matter up.
    Originally posted by rmg1
    Why?

    You are reading too much into it.

    That note ONLY relates to fences you put up, you are trying to relate it to other fences, which is not how it works.

    you are talking about a boundary fence, and the handbook states

    The tenants handbook, however, states (under the Your Responsibilities section):-
    “Repairing boundary fences and associated hardware”

    You are responsible for the repair and maintenance of the Boundary fences!
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