Landlord Refusing To Repair Fence

K1RST1E_2

Hi :hello:

Two months ago, all but one of the fence panels came down at the property we currently rent during the bad weather we had. We informed our Landlord who initially said that it was the next door neighbours responsibility to repair them. After all parties looked at their deeds, it turns out that it is infact our Landlord's responsibility for these fences.

The Letting Agent got someone to come out and do a quote. They then contacted the Landlord who has refused to pay for them.

With the garden the way that it is, it's unsafe for our 22 month old daughter to play out there. She can easily get through to the next door neighbour's garden which has no gate stopping access to the front of the house and into the road. Of course, she would be supervised by us if she was to play outside but that hazard is there.

Where do we stand on this? Should the Landlord be getting this repaired? Could we terminate the contract as it's unsafe for our daughter?

Thanks.

Running_Horse

I am not aware of any legal responsibility for a homeowner to replace a fence, unless there is something in your rental contract?

BitterAndTwisted

A landlord is obliged to have "necessary repairs" carried out to the fabric of the building. A fence is not a necessary repair and if he doesn't want to pay for it then he can choose not to.

This does not give you an automatic right to end your tenancy other than in the usual way by giving the appropriate formal, written notice. If the property no longer suits, find somewhere else that does.

K1RST1E_2

Thanks.

The research I've done so far tells me the same also.

Lily-Rose_3

When we rented privately, not so long back, the fence to next door started getting very worn and a couple of panels came down in the wind. The property agent said it 'was' the Landlord's responsibility to repair it. Next door had 3 big guard dogs, and all the time it was down, none of us could go in the back garden.

The landlord never fixed it, and when we moved several months after, it was still down. The new tenant asked the property agent if it would be fixed soon, and they said yes. It wasn't. I heard a month or two later, that the person with the dogs (who did not have responsibility for the fence,) ended up fixing it.

So the landlord never fixed our fence, but the property agent said it was up to him to do it. It's part of his property, so I think he should have to repair it. And as I said, the agent said it is up to him to do it too. Let's face it though, many landlords will not spend money if they don't have to.

G_M

I would suggest that there's a safety issue here, and at the least the remnants of the broken fence should be removed - but probobly replaced.

Write to the LL formally requesting repair.

If, having written, the LL ignored this, and your daughter was injured (or worse) as a result (protruding nail from fallen wood? dog from next door? trip on fence post?) you could sue the LL and he'd be in serious trouble.

So he'd be stupid to ignore this.

K1RST1E_2

I was going to suggest paying half towards the fence to see if that would get him to do but I do begrudge it a little bit.

I've never rented before but I would have thought that whoever owns the house is responsible for any of the repairs.

I'll definitely push it a bit more with him!

Lily-Rose_3

Have you gone through an agent Kirstie?

K1RST1E_2

We have. My husband just reminded me actually that when we first moved in at the start of the year, we raised a concern with the fence panels as two of them were hanging off and one was sticking out.

The agent tells me that the Landlord will pay, he just needs to keep on at him.

G_M

K1RST1E wrote: »

I was going to suggest paying half towards the fence to see if that would get him to do but I do begrudge it a little bit.
.........

I'll definitely push it a bit more with him!

Keep that offer in reserve. As soon as you offer to pay half you are implictly agreeing that he does not need to do it.

Have you reported the fence formally? In writing to the address provided?

K1RST1E_2

G_M wrote: »

Have you reported the fence formally? In writing to the address provided?

Just verbally over the phone at the moment. Should I write to them also?