Landlord Liable For Repair?

pmlindyloo

jjlandlord wrote: »

Well no, the landlord has no statutory obligation to repair the fence.

I refuse to rise to the bait

Have quoted Shelter.

Did not say the landlord has a statutory obligation.

jjlandlord

pmlindyloo wrote: »

Did not say the landlord has a statutory obligation.

You did not say much, actually, neither does that Shelter article.
"usually the responsibility of the landlord": Why 'usually'? And based on what? Of course no-one knows.

Fact is:
1. there is no implied repairing obligations in leases,
2. statutory obligations do not include fences,
3. contractual obligations are only whatever is explicit in the tenancy agreement.

topdaddy_2

Lesson learned:dont lean on fence panels

cattie

smj43 wrote: »

Correct, but I have children who play in the garden who could have easily lent on it and it would have fallen. My relative sustained a quite bad head injury due to the fence giving way and required stitches. Surely a fence should be able to support some sort of weight?

I think you'll find that fences are there just to denote the boundary of the gardens & offer some privacy & not intended for people to lean on or climb over. Brick or stone walls are used when people want to erect a stronger barrier between gardens.

G_M

I too agree a fence is not designed to support weight, whether a person or anything else. That is not its purpose.

And even if 'bodged' - so what? A 'bodged' fence still fulfills its function - to separate the two gardens (or whatever).

As for the Shelter link. I'm afraid it makes no reference to fences, since it is based on the Landlord & Tenant Act 1985 (s11), which also does not mention fences.

...the structure and exterior of the dwelling-house (including drains, gutters and external pipes)

"exterior" in this case does not mean 'fences outside' it means the outside walls of the house.

pmlindyloo

This is the part I was referring to:

More
Shelter EnglandGet adviceRepairs and home safetyResponsibility for repairsWho is responsible for repairs?
Who is responsible for repairs?
Your landlord is responsible for most repairs in your home. This applies to private, council and housing association landlords.

Responsibility for communal areas and gardens
The landlord is responsible for repairs to hallways, stairs and lifts. If there are other flats in the building that your landlord doesn't own, responsibility for common areas will probably be shared with other owners and landlords.

If you have a garden or other outdoor area, it may say in your tenancy agreement that it is your responsibility to take care of it. This will usually mean you have to keep it tidy, for example by cutting grass and hedges, and not making any changes to it without permission, for example digging a pond or building a shed. Your landlord will usually be responsible for repairs to garden paths, walls, fences, gates and outbuildings.

Responsibility for the garden may be shared with other tenants. If your tenancy agreement doesn't mention the garden, it will be the landlord's responsibility.

jjlandlord

Yes, and it was replied to in post #13.

Annie1960

smj43 wrote: »

Correct, but I have children who play in the garden who could have easily lent on it and it would have fallen. My relative sustained a quite bad head injury due to the fence giving way and required stitches. Surely a fence should be able to support some sort of weight?

Perhaps your relative, who was injured by a fence that was bodged by your LL, should get in touch with one of the no-fee lawyers and make a claim against the LL for personal injury.

Maybe that will persuade your LL to ensure his/her fence is safe. Fences should be able to withstand high winds and should tolerate gentle leaning, such as neighbours having a conversation over the fence. It seems astonishing to me that anyone would expect it to be OK if a fence panel fell and broke just because a woman leaned on it lightly.

As you say, the injuries could have been much worse if children were involved.

Have you tried talking to the LL, and if so what was the outcome?

pmlindyloo

jjlandlord wrote: »

Yes, and it was replied to in post #13.

And I was replying to G_M's post #16.

dimbo61

A letter arriving from a No win No fee solicitor to your Landlord will get a quick response.
A S21 by return of post.
Why not speak to the Landlord and say it blew down in the strong winds last week. Mention that you are worried that the kids might escape or the big dog next door might walk into the garden, security etc
Be nice and see what happens.