Neighbour won't fix his fence

Skag

My BTL property is adjacent to a council house. That property's fence has fallen over to my garden and the tenants are a family that rent it off the council. From their side it rests behind another partition so they don't see it, from my side is directly outside my living room. The tenants said they don't have the money to fix it.

I called the council and the person I spoke to said that the fence is not the council's responsibility to fix, it's the tenant's, and if the tenant doesn't want to fix it, then they can't do anything. The council is responsible with the house only.

The planning clearly indicates that the fence is not mine, it's the neighbours.

How do I go from here? Is it worth chasing it legally?

LEJC

There is nothing stopping you putting up a fence on your side if it is causing you an issue...otherwise there is not much you can do to insist that the tenant puts anything there

eddddy

LEJC wrote: »

...otherwise there is not much you can do to insist that the tenant puts anything there

... unless there is a covenant requiring the neighbour to construct and maintain a fence.

You can check your deeds, but to be honest, you might find that type of covenant on a smart modern private development - but less likely on local authority owned property.

bluesnake

Rent a big dog, you may find that a fence quickly appears

Alter_ego

bluesnake wrote: »

Rent a big dog, you may find that a fence quickly appears

Responsibility for fencing in a big dog lie with the owner of the dog

GwylimT

bluesnake wrote: »

Rent a big dog, you may find that a fence quickly appears

In which case OP would be responsible for erecting and maintaining a fence.

bluesnake

GwylimT wrote: »

In which case OP would be responsible for erecting and maintaining a fence.

Put up a cheap fence that rattles, and allows the dog to see through then

Skag

Thanks for the suggestions, I think the way to go is to raise my own fence...

GwylimT

bluesnake wrote: »

Put up a cheap fence that rattles, and allows the dog to see through then

An animal that can look through a gap, how terrifying!

olgadapolga

I had this problem at my last home. Neighbour refused to do anything about it. I downloaded a copy of the "Tenants Guide" for the housing association and discovered that as the tenants lived next to a privately-owned property then the housing association were responsible for replacing/repairing the fence.

Took this information to the neighbours, along with a copy of the deeds showing that the boundary was not mine to maintain so that they, as the tenants, could deal with the HA (thought that they would prefer this rather than my getting involved). Got exactly nowhere so I wrote to the chief executive of the HA. Result? A new fence and unhappy neighbours (not that I cared about the neighbours as they were particularly unpleasant people but I did care about keeping them, their kids and dogs the other side of the fence)

martin.cat

If the fence is shown as the neighbours responsibility then the council as owners will ultimately be responsible regardless of them having agreement with the tenants

I would write to the property owner remind them of their obligation giving them reasonable time to carry out work / discuss further. Also send them a quote stating that's what they will be charged unless they sort it

Then it simple they do the work or you do and bill them