Advice please - boundary fence and neighbours' dog

mikey72

iamcornholio wrote: »

You will find that the courts have a very different view to yours

You'll never find a case where the tenant has been taken to court for failing to pay for a storm damaged fence, let alone lost, as no landlord would want to waste the money on it.

slopemaster

Certainly if I were the tenant I would refuse to pay, and put up a robust argument!

iamcornholio

mikey72 wrote: »

You'll never find a case where the tenant has been taken to court for failing to pay for a storm damaged fence, let alone lost, as no landlord would want to waste the money on it.

It's straightforward breach of contract (ie tenancy agreement)

Whilst the tenant is in occupation, they assume responsibility for maintenance of the fence. True, the landlord can not insist on repair of the fence whilst the tenant is in occupation as the tenant, having best interest in the property can choose to repair, leave it or remove it

But once the tenant moves out then the fence will need to be repaired, or replaced.

If there is a deposit, it will come out of that. Otherwise the landlord would win any claim at court as all this is well established law

marliepanda

Do you have anything to prove this? Any court cases?

Why should the tenant pay to fix the property of the landlord? They did not cause the accident that led to the damage.

I can understand the landlord not being forced to repair it as it does not affect the structural safety of the home, but to get a tenant to fix the landlords fence?

Like I said, I would love to see some precedent for this... There is nothing in my tenancy agreement about fixing the fence if a tree falls on it. If I fall on it myself, sure, but not if something out of my control happens.

mikey72

iamcornholio wrote: »

It's straightforward breach of contract (ie tenancy agreement)

Whilst the tenant is in occupation, they assume responsibility for maintenance of the fence. True, the landlord can not insist on repair of the fence whilst the tenant is in occupation as the tenant, having best interest in the property can choose to repair, leave it or remove it

But once the tenant moves out then the fence will need to be repaired, or replaced.

If there is a deposit, it will come out of that. Otherwise the landlord would win any claim at court as all this is well established law

No chance at all. The deposit would be paid back, and the agency would be laughing as they paid it back in full. If it's well established, there should be a choice of cases for you to link to.

mikey72

marliepanda wrote: »

Do you have anything to prove this? Any court cases?

Why should the tenant pay to fix the property of the landlord? They did not cause the accident that led to the damage.

I can understand the landlord not being forced to repair it as it does not affect the structural safety of the home, but to get a tenant to fix the landlords fence?

Like I said, I would love to see some precedent for this... There is nothing in my tenancy agreement about fixing the fence if a tree falls on it. If I fall on it myself, sure, but not if something out of my control happens.

Even if you fell on it, the LL would have to prove it was in a good state of repair, and all the pathways were safe etc, otherwise you could well end up claiming damages from him.