Border Dispute = Tenant moved out

silk_2

Hiya

Got two related issues I could use advice on.

A few months ago a fence blew down. After a lot of kerfuffling, I found out it was my neighbours border not mine. Had a lot of to-and-froing with the EA, asking them to discuss with the neighbour (or get the tenant to) so I could find out if they were going to sort it or come to some sort of deal with me.

Got no communication back from EA or tenant.

Found out today that tenant is moving out.. didn't give a reason other than that she's found somewhere else.

Strongly suspect it's because the fence has been down for months and never got sorted.

House is fully managed with the EA, but after chasing them up on this they had a little tantrum on the phone and told me the neighbour had nothing to do with them and they'd asked the tenant to contact the neighbour and heard nothing back. So where I am now is I have no idea if anyone has even tried to talk to the neighbour, or if the neighbour has been unresponsive. I'm also unable to get the neighbours phone number as the EA again says they can't help with this.

Who's responsibility is it to sort the fence? Mine or EA? If it's their responsibility is there any action I should take against them since it was probably the cause of me losing my tenant?

What steps should I take to resolve this? It's now quite important as it is going to put off new tenants and I need somebody in asap once this one leaves.

I am considering driving up (it's a fair distance) but there's no guarantee the neighbour will be in when I do go up and I'm lost for ideas on how best to sort this out. I'm guessing I can't even say sod it and sort the fence myself.. because again it's the neighbours border.

topdaddy_2

Write em a letter. With your contact details.

penguingirl

silk wrote: »

Who's responsibility is it to sort the fence? Mine or EA? If it's their responsibility is there any action I should take against them since it was probably the cause of me losing my tenant?

I'm pretty sure that there's no requirement to have a fence- and therefore if it is damaged your neighbour doesn't have to take responsibility. If you want a fence you can erect one within your side of the border.

princeofpounds

If it is your neighbour's fence, they don't actually have to repair it. If you want to guarantee a good fence, put your own up.

This is your responsibility to sort, although the letting agent may have had a duy to facilitate it if such services were in your contract.

G_M

silk wrote: »

Hiya

.....After a lot of kerfuffling, I found out it was my neighbours border not mine. .....

Who's responsibility is it to sort the fence? Mine or EA? .....

What steps should I take to resolve this? It's now quite important as it is going to put off new tenants and I need somebody in asap once this one leaves.

.

The neighbour's border or the neghbour's fence? Not the same thing.

There is no obligation on the owner of the border to erect, or maintain, a fence unless they wish to.

The fence itself belongs to whoever bought/erected it.

If the fence is the neighbour's and has fallen onto your land, that is trespass.

As for the EA - I cannot read the contract you agreed with them from here - so cannot comment! Does the contract include responsibility for property maintenance ........?

Either

* fix the fence yourself
* instruct the EA to fix in accordance with contract (if relevant)
* instruct the EA to fix & pay an additional fee for the service
* ring the neighbour and persuade him to fix
* ring the neighbour and persuade him to fix with you paying 50% of cost
* do nothing
* ring a local contractor and arrange for them to fix

I think that's about all the options I can think of, but much depends on the fenc ownership, the agent contract, your attitude to confrontation etc

silk_2

So I'm ok to just get a fence put up without contacting the neighbour?

silk_2

G_M wrote: »

The neighbour's border or the neghbour's fence? Not the same thing.

There is no obligation on the owner of the border to erect, or maintain, a fence unless they wish to.

The fence itself belongs to whoever bought/erected it.

If the fence is the neighbour's and has fallen onto your land, that is trespass.

As for the EA - I cannot read the contract you agreed with them from here - so cannot comment! Does the contract include responsibility for property maintenance ........?

Either

* fix the fence yourself
* instruct the EA to fix in accordance with contract (if relevant)
* instruct the EA to fix & pay an additional fee for the service
* ring the neighbour and persuade him to fix
* ring the neighbour and persuade him to fix with you paying 50% of cost
* do nothing
* ring a local contractor and arrange for them to fix

I think that's about all the options I can think of, but much depends on the fenc ownership, the agent contract, your attitude to confrontation etc

The fence was up when I moved in and also the neighbouring house has had a change of ownership recently.. so it's probably unknown who owned it.

I'm not against paying for a fence myself just making sure I know the options and that I can actually do it legally.

The EA contract I've not read from start to end, just that it was fully managed i.e. the highest paid tier.

G_M

silk wrote: »

So I'm ok to just get a fence put up without contacting the neighbour?

If the border belongs to the neighbour, then the border is his land.

You cannot erect a fence on his land, without his permission.

You can, of course, erect one on your own land ie 6" inside the border.

But in any boundary issue, amicable agreement is the way forward.

speak to the neighbour.

G_M

silk wrote: »

The EA contract I've not read from start to end, just that it was fully managed i.e. the highest paid tier.

:eek: It never ceases to amaze me how many people sign contracts (especially relating to property worth 00s of 000s of £) without reading and/or understanding them! :eek:

silk_2

G_M wrote: »

If the border belongs to the neighbour, then the border is his land.

You cannot erect a fence on his land, without his permission.

You can, of course, erect one on your own land ie 6" inside the border.

But in any boundary issue, amicable agreement is the way forward.

speak to the neighbour.

I'm guessing a builder would be aware of all this and erect the fence in my land? Possibly he'd need a copy of my plans.. or something.

silk_2

G_M wrote: »

:eek: It never ceases to amaze me how many people sign contracts (especially relating to property worth 00s of 000s of £) without reading and/or understanding them! :eek:

Yeah duly noted for next time. I mean I'm pretty easy going anyway and tend to just sort things myself where possible.. house is only fully managed due to the distance away I am from it.