Broken fencing in rented property - advice required

timberflake

Hi guys,

We're currently renting a terraced property, and in January the fencing along one side of the garden and the back has come down completely.

At the time, I reported it to the LA, and sent them pictures by email, and after a couple of days had a response to say it was the LL's joint responsibility with the neighbours to fix the fencing. Fine, so we knocked onto the neighbours, let them know and gave them the LA's telephone number to sort it out with the LL.

Fast forward to the end of Jan, the neighbours knock on our door just to let us know that they'd rang the LA but hadn't heard anything back.

It got to the beginning of March with no progress so we rang the LA, and we've rang them each week since chasing as we're getting no response. Each time we get told they'll ring the LL and let us know, but we never hear anything.

So, it's been almost 3 months since we reported it, and despite being chased 3/4 times, nothing has been done.

Would we be within our rights to sort the fencing out ourselves with our neighbours and then deduct it from our rent? We'd obviously inform the LA first.

sharpee

Have you reported the problem to the LA/LL in writing?

princeofpounds

google Lee Parker vs Izzet 1971 and read this:

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

(if you are in england)

timberflake

sharpee wrote: »

Have you reported the problem to the LA/LL in writing?

Yes, when we first reported it we emailed it through with pictures.

rentergirl

Get three reasonable professional quotes, write politely to the landlord and offer to engage them as long the contractors can bill the landlord direct.

theGrinch

you should contact them with a deadline, some quotes and cite concern over security for yourself and the property.

however, my understanding, is in law there is no requirement to have a fence to mark a boundary.

timberflake

Hi guys,

So it turns out that the LA can't even get hold of the LL to discuss fixing the fence.

We've discussed it with the neighbours and think the best way to do it is both get a couple of quotes and take it from there.

However, seeing as she refuses to return calls etc, do we have the right to pay for the work ourselves split 50/50 with the neighbours, and deduct it from the rent? We'd obviously tell the LA/LL that this was our intention.

The above is a last resort if we get the quotes and she still fails to act.

cattie

Be very careful before you do anything, as there is no legal requirement for a property owner to maintain or replace any fence in the garden if they do not wish to do so.

Unless it states in your contract that the landlord will be responsible for fences then be prepared to pay for the replacement out of your own pocket should she choose not to contribute towards the cost.

timberflake

cattie wrote: »

Be very careful before you do anything, as there is no legal requirement for a property owner to maintain or replace any fence in the garden if they do not wish to do so.

Unless it states in your contract that the landlord will be responsible for fences then be prepared to pay for the replacement out of your own pocket should she choose not to contribute towards the cost.

So the LL could simply tell the neighbours that she isn't paying anything towards the repair of the fence and leave them to pay for it 100% even though the deeds say responsibility is split 50/50?

Brb

timberflake wrote: »

So the LL could simply tell the neighbours that she isn't paying anything towards the repair of the fence and leave them to pay for it 100% even though the deeds say responsibility is split 50/50?

Yes.

LLs are not required to fix fencing unless stated in your contract (unlikely).

Your neighbour is also at liberty to ignore it too.

I know, sucks eh.

timberflake

Brb wrote: »

Yes.

LLs are not required to fix fencing unless stated in your contract (unlikely).

Your neighbour is also at liberty to ignore it too.

I know, sucks eh.

That's rubbish! I feel sorry for the neighbours if that's the case as they could be left with the financial burden of replacing the whole fence. Im obviously not going to pay 50% upfront if theres no guarantee I'll get my money back.