Should freeholders maintain fence of repossessed house??

jen14

Hi

The property next door to mine was bought several years ago and has been let out ever since. I now rent out my property and have recently got my first tenant in.

My tenant has told me that next door is now empty and another neighbour says its been repossessed. The problem is is that the fences all around the side of this house (the first thing you see as you drive onto the cul-de-sac) have been badly damaged, kids are making them worse and going into the back garden of the property and messing around (only small kids but they're little !!!!!!s!).

I obviously want these fences to be replaced so I can keep my nice tenant happy and keep the street looking nice.

All the properties on the street are lease hold and I know from my lease that part of the terms are that you have to maintain the fences in a good state of repair.

Can I find out definitively if the property has been repossessed? If it has been would it be reasonable to expect the leaseholders (reputable local firm of builders) to replace the fencing??

I've also contacted the council and made them aware.

Thanks

zzzLazyDaisy

jen14 wrote: »

I obviously want these fences to be replaced so I can keep my nice tenant happy and keep the street looking nice.

Leaving aside the conditions of the lease for a moment, the general law does not require a householder to erect a fence or to replace a damaged fence. So even if the householder was still there you could not insist or replacement - the owner would be perfectly entitled to take it down instead, and then only if it was dangerous, otherwise they could just leave it looking like an eyesore.

Can I find out definitively if the property has been repossessed? If it has been would it be reasonable to expect the leaseholders (reputable local firm of builders) to replace the fencing??

No. The lease just means that the leaseholder can take steps against the lessee (ie the owner of the house) to comply with the lease. But in practical terms this is something builders do to ensure that the development doesn't go downhill while they are still selling houses on the development - once the houses are sold and the builders have left, they are unlikely to bother enforcing convenants.

Thanks

If the place has been repossessed it is unlikely that anything will be done until new owners move in.

jen14

My concern is that this will take months, so do the freeholders have any responsibility??

zzzLazyDaisy

jen14 wrote: »

do the freeholders have any responsibility??

No they don't

jen14

Does any one have any constructive advice as to how I could approach this situation, Cheers

GDB2222

No. The lease just means that the leaseholder can take steps against the lessee (ie the owner of the house) to comply with the lease. But in practical terms this is something builders do to ensure that the development doesn't go downhill while they are still selling houses on the development - once the houses are sold and the builders have left, they are unlikely to bother enforcing convenants.

I totally agree, but the OP could usefully seek legal advice on this. Quite often these covenants are mutual between the properties which means that the OP might be able to enforce it herself. However, this would cost loads in legal fees and take months/years. If it's as bad as the Op says, the practical and cheapest course is to repair the fences herself, at her own cost.

GDB2222

jen14 wrote: »

Does any one have any constructive advice as to how I could approach this situation, Cheers

Yes, see above. Repair the fences yourself. Yes, I know, not what you wanted to hear.

zzzLazyDaisy

jen14 wrote: »

Does any one have any constructive advice as to how I could approach this situation, Cheers

If you mean 'can anyone suggest a way of forcing someone else to mend the fence' then no, I don't believe there is any mechanism for this.

If you believe the fence is a danger to people, then you might consider approaching the lender in possession (or the estate agent if/when it eventually goes up for sale) but they are not obliged to put it back to the original state, just to remove it or make it safe.)

Alternatively, you could consider paying to have it mended yourself, depending on how much that might cost, you might think it worth it to keep your tenant happy. Although how you will stop further damage along the lines of what has already occurred is another thing.

GDB2222

If the fence posts are there, then replacing a few fence panels is not a very expensive job. The panels were about 10 quid each last time I looked.

jen14

I have considered this but wouldn't I need permission to do something like this? Also if they're damaged again or ripped out there's obliviously nothing I could do about it. The kids who do into the back garden often turn the water on so someones gonna have to pay for that as we're metered. Also I currently live 200 miles away from the property so I'm limited with what I can personally do.

GDB2222

Of course, in theory, you'd need permission. In practice, who would complain? If you live 200 miles away, what do you do about maintenance on your own property?