Resonsibility for fence? tenant or landlord?

carlamarie_2

Basically the house next door to me was bought in auction and the new owners have spent the last few months 'fixing it up'.
At th moment there is a small rickety fence which is waist high, I have two big dogs. The new owners of next door have a jack Russell who will be moving in with them.
When they first got the house the owner told us he will be replacing the fence for a new high one to give us both our privacy and keep the dogs seperate.

I have just spoken to him now and he said, if I wouldn't mind he was going to get in touch with my landlord (an agency) to see if they will go halls on the cost of a fence.

Now my question is, does the maintenance/repair/replacement of a fence fall in the hands of the tenant or the landlord? I can't see anything in my tenancy regarding it. The nearest item on the tenancy is about keeping the gardens clean.

The fence definatley does need replacing, it's in bad Nick.
To be honest, I'm not in a position financially to foot half the cost of the bill at the minute.

Rolandtheroadie

This is in Scotland, but when the FIL asked the Housing Association about a boundary fence that had fallen down, he was told it was up to the tenant to repair/replace it.

Evil_Olive

Not an expert but rental agreements where the tenant is responsible for repairs are usually more for commercial lets like shops or warehouses. The Landlord is usually responsible for any and all repairs to a residential property unless the damage was caused by the tenant and can't be called fair wear and tear (eg if your dog or you damaged the fence). Sounds like it's definitely wear and tear over a long period in this case so I wouldn't worry.

Doesn't sound like your tenancy agreement says the tenant is responsible for repairs - look further and you'll probably find a bit that says the landlord is.

Hopefully someone more knowledgeable will be along and will confirm this?

27col

So, you have two large dogs that require to be fenced in, but you want someone else to pay for it.
The land lord is not required to keep a fence in good repair. If you want an animal proof fence then put your hand your pocket and offer to pay at least half the cost. You apparently have enough money to keep two large dogs. Which can't be cheap.
In fact, you will find that no-one is required to keep a boundary fence in good repair. The expression "maintaining the boundary" only means that the person concerned has to indicate where the boundary line is. A couple of posts and a bit of wire is sufficient to indicate the position of a boundary.

macman

As above. No maintenance requirement and no actual fence is required. Unless of course your STA specifies otherwise.

carlamarie_2

No, you are misreading what I'm saying. The whole subject of the fence has been brought up by the new neighbours.
The current fence, although rickety keeps my dogs in, I think next door are thinking of the safety of their much smaller dog, although my dogs aren't aggresive.

Half of the fence is covered in ivy, which is from next door and it has grown within the slats(if that's the right word for them?!) also the fence hasn't been treated by the looks of it as it has green stuff growing on it.

I have not said I want anyone to pay for a fence to keep my dogs in!
I'm simply wondering who is responsible as if it's down to us as the tenants I don't want to create bad relations with our new neighbour because we are not in a position to pay out right now!

pendragon_arther

27col wrote: »

So, you have two large dogs that require to be fenced in, but you want someone else to pay for it.
The land lord is not required to keep a fence in good repair. If you want an animal proof fence then put your hand your pocket and offer to pay at least half the cost. You apparently have enough money to keep two large dogs. Which can't be cheap.
In fact, you will find that no-one is required to keep a boundary fence in good repair. The expression "maintaining the boundary" only means that the person concerned has to indicate where the boundary line is. A couple of posts and a bit of wire is sufficient to indicate the position of a boundary.

Why? Strong winds could bring it down and cause damage to property or persons.

pendragon_arther

carlamarie wrote: »

No, you are misreading what I'm saying. The whole subject of the fence has been brought up by the new neighbours.
The current fence, although rickety keeps my dogs in, I think next door are thinking of the safety of their much smaller dog, although my dogs aren't aggresive.

Half of the fence is covered in ivy, which is from next door and it has grown within the slats(if that's the right word for them?!) also the fence hasn't been treated by the looks of it as it has green stuff growing on it.

I have not said I want anyone to pay for a fence to keep my dogs in!
I'm simply wondering who is responsible as if it's down to us as the tenants I don't want to create bad relations with our new neighbour because we are not in a position to pay out right now!

You came to a help forum expecting help but this place is crawling with users who spend their free time either arguing with each other or berating people for requesting assistance. Be warned.

carlamarie_2

pendragon_arther wrote: »

You came to a help forum expecting help but this place is crawling with users who spend their free time either arguing with each other or berating people for requesting assistance. Be warned.

Im certainly coming to realise this!

Norman_Castle

I would expect the landlord and not the tenant is responsible for a fence but the fence, if provided, could be inadequate to separate dogs. Who owns the current fence?. If it belongs to your landlord the neighbor cannot interfere with it.

carlamarie_2

I'm not entirely sure. When we rented this house, it was described as 'fenced garden'
However, I suspect it's actualy next doors as my house is and end house and the other side has a big (6/7 foot) fence. Also there is a kerb that runs between our houses. The kerb sits in my garden and the fence is the other side of the kerb, in theirs.