Landlord Refusing To Repair Fence

jjlandlord

Note that unless there is an express term to that effect in your tenancy agreement, your landlord has no obligation to repair the fence. As said in post #3.

I don't think that the landlord could be successfully sued for anything because of the above and because leaving a 2 year old unsupervised in a garden would be negligence on the part of the parents, not the landlord.
In any case, it would seem a better option to be cautious and secure what might need be, rather than having someone injured (you, as occupier, are liable to visitors) and then arguing in court...

If you really want it fixed and the landlord really does not want to pay for it (even if that does not look a smart move on his part), you'll probably have to offer to share the cost.
You could add that you'd also want to e.g. sign a 2 year fixed term prior to that, just to avoid being potentially asked to leave 1 month after having paid for a new fence...

Annie1960

I can't give any legal advice on this, but it just seems to be common sense that the landlord should be responsible for keeping the whole property in a safe condition.

Maybe it's about time landlords had to go on a register or get a licence to practise as landlords, and they could be prevented from doing this if they did not comply with such basic things as keeping the property safe.

By the way, my fence was broken and blown down during the storms a couple of months ago. I got someone to fix it, and he said there is a shortage of fence panels, due to high demand and the fact a lot of the trees they grow to make the panels have been waterlogged in the floods. Fortunately mine just needed new horizontal rails, but even if you landlord agrees to replace the panels it may be difficult to get them.

System

Annie1960 wrote: »

the landlord should be responsible for keeping the whole property in a safe condition.

Keeping the property in a safe condition can also include removing the fence. Dangers outside of the boundary are not the LLs concern.

G_M

K1RST1E wrote: »

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

Yes. All repairing issues should be reported formally, if only to avoid arguemnets later about the return of your deposit!

But especially if you are presing for something the LL is resisting.

Where the relationship is good, and you know you can ring up and tell the LL "X is broken" & he'll be round next day to fix (or his contractor), fair enough, letter would be OTT.

But otherwise, use the address provided on the tenancy agreement.. That's why the law says he has to give you an address!

Running_Horse

Bit of a long shot, but my Eastern European friend recently spent his day off helping his landlord fix his fence to keep costs down. He gets on with the landlord, likes the rent level, and doesn't want the hassle of moving.

zarf2007

jjlandlord wrote: »

Note that unless there is an express term to that effect in your tenancy agreement, your landlord has no obligation to repair the fence. As said in post #3.

I don't think that the landlord could be successfully sued for anything because of the above and because leaving a 2 year old unsupervised in a garden would be negligence on the part of the parents, not the landlord.
In any case, it would seem a better option to be cautious and secure what might need be, rather than having someone injured (you, as occupier, are liable to visitors) and then arguing in court...

If you really want it fixed and the landlord really does not want to pay for it (even if that does not look a smart move on his part), you'll probably have to offer to share the cost.
You could add that you'd also want to e.g. sign a 2 year fixed term prior to that, just to avoid being potentially asked to leave 1 month after having paid for a new fence...

and yet again an example of the shoddy tenancy laws in this country. what is the point of having a contract when you cannot even enforce it.....when is the government going to wake up and clamp down on the amateurs that rent out their property and do not want the cost or responsibility to maintain them?

i bet if they do fix it a S21 will follow as you are now a problem tenant (i.e. one that isnt a pushover).

tom9980

zarf2007 wrote: »

and yet again an example of the shoddy tenancy laws in this country. what is the point of having a contract when you cannot even enforce it.....when is the government going to wake up and clamp down on the amateurs that rent out their property and do not want the cost or responsibility to maintain them?

i bet if they do fix it a S21 will follow as you are now a problem tenant (i.e. one that isnt a pushover).

I think it is unfair on one hand to say a homeowner does not have to replace or maintain fencing yet on the other say a landlord must do it. The simple fact is no normal contract covers this issue at all but most career landlords would fix the fence to keep good tenants happy as quickly as possible.

Running_Horse

And to keep their asset secure and maintained.

zarf2007

tom9980 wrote: »

I think it is unfair on one hand to say a homeowner does not have to replace or maintain fencing yet on the other say a landlord must do it. The simple fact is no normal contract covers this issue at all but most career landlords would fix the fence to keep good tenants happy as quickly as possible.

why shouldnt they do this as standard? is it not enough that someone else is paying their mortgage?

it should be treated as a business and they are offering a service if they cannot do this to an acceptable level they should not be permitted to do so. I would be happy if the government brought in a licensing scheme for landlords with a forced regulatory body (not voluntary as we all know these are ignored) which stipulates minimum standards of property maintenance. Anyone who breaches this would lose their license....

jjlandlord

zarf2007 wrote: »

and yet again an example of the shoddy tenancy laws in this country. what is the point of having a contract when you cannot even enforce it.....when is the government going to wake up and clamp down on the amateurs that rent out their property and do not want the cost or responsibility to maintain them?

Contract can of course be enforced but this is not the point. If you had read my post, this was mentioned.