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dangerous ditch in garden

as you come out of our backdoor there is whats known as disabled access steps. then theres a step up into the garden. between the steps and the garden is a gap or ditch that is approximately 2-3 feet long by about 30cm wide and if i stand in it it comes up to my knees (im 5ft 9.5).

just had a surveyour from the council round (its a council property) and he agrees its dangerous, especially when my daughter learns to walk and wants to go out there. however because its at the back of the property they cant do anything about it and he suggested we put some wood over it.

so i called the repais helpline again only to be told if this is what he said then thats it and nothing can be done about it.

so what if my daughter does fall down it and hurt herself? its happened to me and mr mob before now. someone could break a leg falling down it.

is there anything or anyone someone can suggest to sort this hole out? we couldnt fill it ourselves because of drainage issues.

im furious that they dont seem to care that we have a potential danegr. could i sue them if one of us did hurt themselves?
There's someone in my head, but it's not me
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Comments

  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    If its that dangerous and you are that worried about why not just cover it over as suggested , rather than wait for an accident and then trying to claim compensation ?
  • Anthillmob
    Anthillmob Posts: 11,780 Forumite
    on dont get me wrong im not an ambulance chaser! we will cover it but i believe that because it is so dangerous that the council should do something to it. i was joking about the suing bit.
    There's someone in my head, but it's not me
  • trickytrolleys
    trickytrolleys Posts: 6,519 Forumite
    I had a dodgy wall that the council wouldnt do anything about until i mentioned that if it fell on someone they could be sued - i had someone round that afternoon
    :D I understand ALOT more than I care to let on :D
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    The council will get out of anything if they can :)
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If its in the garden like that, its usually classed as the tenants responsibility to look after and repair
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Anthillmob
    Anthillmob Posts: 11,780 Forumite
    but we never put it there. its been a danger since day one and even mor so since the prev occupant removed the rails.

    the railsare in the garden but wouldnt stop a new walking baby or anyone under the age of 7 getting under.

    should i bother my local mp?
    There's someone in my head, but it's not me
  • conradmum
    conradmum Posts: 5,018 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    So this hole is about 3 feet long, 1 foot wide and about 1 1/2 feet deep? Could you explain why you can't fill it? Is it because excess water drains into it? You could still fill it with rubble if this is the case, then cover it. This would seem the simplest solution to me, and a whole lot less trouble than chasing the council or contacting your MP.
  • Spendless
    Spendless Posts: 24,744 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Anthillmob wrote:
    but we never put it there. its been a danger since day one and even mor so since the prev occupant removed the rails.

    the railsare in the garden but wouldnt stop a new walking baby or anyone under the age of 7 getting under.

    should i bother my local mp?
    I'd try your local councillor first. Tip I complained to my wannabe local councillor about my nans RTB council flat not being completed in nearly 2 years. It was hers within 3 weeks ;) . This was 2 months before a local election took place-fancy that :whistle:
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The problem is that generally speaking any issues like that are inherited with the house - imagine if you bought a house with the ditch in the garden, it would then be your responsibility to fill it .

    I agree with what your saying about it being dangerous, I just doubt you'll get any luck with the council .

    Is anyone near by digging out a drive or building an extension ?, they'll probably be more than happy to let you have soem soil to fill the ditch.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • You could try wording a letter along the lines of:

    Dear Sirs,
    Thankyou for sending the surveyor round to view my concerns.
    Now that he has stated that the situation is dangerous, can you please advise what the proceedure is, should I need to make a claim.
    Bad Spellers of the world untie
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