Advice Needed Please - Fire/Landlords

jascrawf

Hi. If anyone has any advice regarding this matter, I would genuinely appreciate your thoughts.

In late August, my OH caused an accidental fire in our back garden which burnt down the fence separating us from next door. I say 'fence' but it was approximately 4ft high chicken wire with a small trellis on top and trees/plants covering it.

Our landlords have instructed us that we have to replace it with proper fence panels and posts. We have desperately been trying to save the estimated £500/600 for the job even though we both feel it's unfair we should have to pay for something that wasn't there in the first place.

Next doors landlords have informed our landlords that the fence must be installed within 14 days or he'll be taken them to court.

We have absolutely no way of coming up with the funds that quickly. It will have to come out of 2 pay packets so we're looking at the end of January at the earliest. We are more than happy to fix this problem as my OH has accepted responsibility and has spent every weekend out there recently with a chainsaw trying to clear the damage.

Where do we stand? Is there anything we can do other than find that kind of money in 14 days?

Thanks!

BitterAndTwisted

You can't burn chicken-wire, so why haven't you just replaced that trellis?

lighting_up_the_chalice

And chainsaws rarely reduce damage.

jascrawf

Because the fire officers trampled the chicken wire - plus it was attached to maybe 3 wooden posts which are now gone, the wire is all twisted and completely ruined. If it were as simple as replacing trellis we'd have done so, but we have been told by our landlords that we have to replace it with fence panels and posts.:(

jascrawf

We've finished with the chainsaw now, all of the trees are down and cut into pieces which will be removed this weekend.

BitterAndTwisted

They can tell you what they like but there is no law that I know of which can compel you to replace one sh!tty old chicken-wire fence with a better and more expensive one.

Annisele

What sort of tenancy do you have?

I agree that the LL can't make you replace his old fence with a better one. Unless you have a very unusual arrangement, then at the end of your tenancy you're responsible for giving the property back to the LL in the same condition you got it, less fair wear and tear. So, if your OH managed to negligently damage the fence, you have to put that right - but you don't have to make it better.

If the neighbour says the fence has to be a better one, and the neighbour is taking your LL to court over that - then that's a problem between your LL and the neighbour.

DVardysShadow

You need to write a letter, list the damage and accept responsibility for it. Then you should

1. specify the work required to restore the fence to its original construction
2. offer a reasonable amount as payment in full for the work required under 1

If it is your neighbour's [landlord's] fence, you should not reduce the amount for 'betterment' [ie replacing a 20 year old fence with a new one]. You could try a reduction for betterment the fence belongs to your Landlord, but I would not advise it.

The other aspect of betterment is replacing the face with one of a better standard of construction. You should not be made to pay for anything above the original standard of construction.

N79

Everyone seems focused on the fence.

Am I the only one who thinks that the LL is trying to be reasonable by suggesting that a crappy chicken wire + trellis fence with MATURE PLANTS which are really what was providing the border and which have been incinerated should be replaced with a fence which provides a similar level of privacy rather than insisting the OP buy mature plants to replace the killed ones?

That said, is there a reason the OP is not claiming off their contents insurance (the liability part)?

jascrawf

Thanks for your advice.
I've just spoken with my landlord and asked who the fence belongs to. It belongs to the neighbour. Taken the information you've given me into account, I explained that if we were to replace the fence like-for-like we could have it done by the end of December at the latest. He agreed to this and said the chicken wire is fine with him, even though he'd originally said it had to be fence panels.

I have the number for the neighbour's landlord and plan to call him in the morning. Would it be an idea to offer him 3 options:

1. We replace the fence like-for-like by the end of December.
2. He replace the fence and we sign an agreement to pay back monthly - with a capped budget based on average prices.
3. We replace the fence with actual fence panels and posts but request that we're given until the end of February to complete.

My OH is in a commision based role and we know that we can raise extra funds from January and February's paydays to cover the fence if necessary.

Do you think those options are fair enough to be put forward?

Thanks again.

clutton_2

""something that wasn't there in the first place"

but there was something there in the first place... chicken wire, trellis and shrubs was it ?

put yourself in the neighbours shoes and see how you feel and which option you might want, then go and negotiate with him.

fences are very very rarely covered by insurance