Housing Association Fence Fix Refusal

chaiwalla

I live in a property which I own, the fence bordering my garden belongs to the Housing Association which owns the Housing on the adjoining road.

In July 2013 I contacted the HA and told them that the fence was unstable
It would fall in bad weather. The HA disputed the ownership of the fence, telling me that it was not HA property. Much pursuing later they obtained records and established that it was their responsibility, now October 2013 they had still not done anything about this.

Much back and forth trying to get them to do something and the December/January winds and bad weather brought the fence down. Getting annoyed now I contacted the HA and said I would invoice for my time to ensure the security of my property. Spent a few weekends putting back the fence, I'm not a professional so hammer and nailed and put restraints in. Started sending them invoices. Still nothing done. Now March 2013 and the fence is hanging off and I am unwilling to spend anymore time keeping this fence standing.

They set a date to start work to repair the fence today, but cancelled on Friday. They said the contractor ran out of fence panels!!!! They have scheduled the repair for the 31st. I can't see this happening. I have contacted the MP and she feels that she has done all she has been able to and her power does not reach the HA.

I have now invoiced 3 times and they have said they will not pay. They have not completed the work as yet.

What more can I do?

Poppie68

chaiwalla wrote: »

I live in a property which I own, the fence bordering my garden belongs to the Housing Association which owns the Housing on the adjoining road.

In July 2013 I contacted the HA and told them that the fence was unstable
It would fall in bad weather. The HA disputed the ownership of the fence, telling me that it was not HA property. Much pursuing later they obtained records and established that it was their responsibility, now October 2013 they had still not done anything about this.

Much back and forth trying to get them to do something and the December/January winds and bad weather brought the fence down. Getting annoyed now I contacted the HA and said I would invoice for my time to ensure the security of my property. Spent a few weekends putting back the fence, I'm not a professional so hammer and nailed and put restraints in. Started sending them invoices. Still nothing done. Now March 2013 and the fence is hanging off and I am unwilling to spend anymore time keeping this fence standing.

They set a date to start work to repair the fence today, but cancelled on Friday. They said the contractor ran out of fence panels!!!! They have scheduled the repair for the 31st. I can't see this happening. I have contacted the MP and she feels that she has done all she has been able to and her power does not reach the HA.

I have now invoiced 3 times and they have said they will not pay. They have not completed the work as yet.

What more can I do?

As there is no obligation in law for a landowner/houseowner to erect/repair fencing the HA don't have to actually do anything,unless there is something in the conveyancing deed obligating them to do so.
What have you invoiced them for?

chaiwalla

Poppie68 wrote: »

As there is no obligation in law for a landowner/houseowner to erect/repair fencing the HA don't have to actually do anything,unless there is something in the conveyancing deed obligating them to do so.
What have you invoiced them for?

My time, and safeguarding my properyty from unwanted guests.

In actuality I'm more concerned about the fence being fixed than the invoices, I just thought invoicing them would nudge them to pull thoer finger out and do something. They just don't seem to be bothered about this fence. Its hanging off now and the council has put up orange barriers around it, but residents keep moving it to access the footpath.

cookie365

What makes you think the HA are responsible for securing your property?

If some of your own property on your own land was damaged, and some third party came along uninvited to 'fix' it, happily admitting they weren't actually a professional at the task, and sent you an invoice, would you pay it?

bod1467

You neglected to respond to the question regarding whether there is anything in the deeds/missives obligating the owner (HA in this case) to effect repairs to/replace the fence. Is there?

Poppie68

To be honest you are not going to be a priority for the HA, they will prioritise their tennants needs above yours as they are most probably obligated to under the tennancy agreements..
Without meaning to be blunt or rude why haven't you replaced it yourself as it is on your property, it's something i would do especially as you can purchase fence panels quite cheaply. Obviously be the less stressful option as well.

shaun_from_Africa

I don't about the legal side of the HA having to replace the panels but I can well believe this bit:

chaiwalla wrote: »

They set a date to start work to repair the fence today, but cancelled on Friday. They said the contractor ran out of fence panels!!!!

I lost some 6X6 fence panels during the high winds a few weeks ago and it took an awful lot of phonecalls and e-mails before I was able to find a local retailer who was able to get these within a couple of weeks.
I also contacted a couple of local fencing companies and they were also waiting for stock to be delivered.

My time, and safeguarding my properyty from unwanted guests.

Don't forget that even if there is a clause in the deeds requiring a fence or other physical boundary to be in place, this could be a 2' high wooden fence or even something as simple a rope marker.

MamaMoo_2

As has been said already, they don't have to erect a fence unless you can find something in their deeds that obligates them to do so, which is highly unlikely.
If they have to maintain the boundary, they could simp your up a piece of string between two sticks and this would be sufficient.
You have no right to invoice them for work you did to their property without authorisation.
If you're so worried about securing your property, it might be an idea to erect your own fence inside your boundary.

chaiwalla

Poppie68 wrote: »

To be honest you are not going to be a priority for the HA, they will prioritise their tennants needs above yours as they are most probably obligated to under the tennancy agreements..
Without meaning to be blunt or rude why haven't you replaced it yourself as it is on your property, it's something i would do especially as you can purchase fence panels quite cheaply. Obviously be the less stressful option as well.

Thank you for your response. Of course it would be less stressful to replace it myself. But not cheap. The fence is not on my property but borders it, sitting on top of a footpath, my garden is apporx 2 feet lower than the footpath. the fence posts go in to solid concrete. These too need replacing. I'll post some pictures for you tomorrow.

chaiwalla

shaun_from_Africa wrote: »

I don't about the legal side of the HA having to replace the panels but I can well believe this bit:

I lost some 6X6 fence panels during the high winds a few weeks ago and it took an awful lot of phonecalls and e-mails before I was able to find a local retailer who was able to get these within a couple of weeks.
I also contacted a couple of local fencing companies and they were also waiting for stock to be delivered.


Don't forget that even if there is a clause in the deeds requiring a fence or other physical boundary to be in place, this could be a 2' high wooden fence or even something as simple a rope marker.

The HA has said previously that "The communal land would normally be the responsibility of the developer initially and there might then be a requirement for all people in XXX Road to maintain it."

bod1467

chaiwalla wrote: »

The fence is not on my property but borders it, sitting on top of a footpath, my garden is apporx 2 feet lower than the footpath. the fence posts go in to solid concrete. These too need replacing.

Have you considered contacting HSE representative at your local council? This could be a potential safety hazard.