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Housing association and Garden Fence 1 post EDITED for clarity

atrixblue.-MFR-.
atrixblue.-MFR-. Posts: 6,887 Forumite
edited 21 January 2018 at 3:52PM in House buying, renting & selling
Hi all, Just a quick question looking for answers on this one.


I live in wales, in a housing association 3 bed property, Ive lived here 14 years.


Both me and neighbours share a access path or communal lane this lane run to the side to provide access to the communal flats garden and my garden, and continues round to the rear of my garden to provide access to the rest of the terrace of houses on the other side of me, (I'm th end of about 4 houses to left and a block of flats to the right). Marking the boundary edge of the whole estate is a 6 ft fence on outside that is shrubs this fence doesn't have a feathered edge theres about 2 inches of spacing between panels that allow all who walk past on the main road good view of my garden and rear kitchen.


on and off for the last 14 years ive been asking for a high wood fence with proper lockable gate to enclose make a safe environment for my children and ofcourse make it more deterrent to thieves. ive had loads of kids toys and bycicles stolen from the garden over the years. I also get no privacy because the block of flats next door at ground level her living room side window faces directly into my rear garden, and anyone has access to the communal lane because the HA removed the lock on the gate due to staff losing the key and being able to access the rear of the gardens for inspection and maintenance. There been allot of External works going on lately, and theres been a high volume of people walking in an out, but what got me was that people from other streets are walking in too to look at the work have a nose and complaint to the workmen why they haven't had their properties done too. I feel awkward and somewhat intimidated by people staring at me at my breakfast bar when were eating when the are waling round.


The housing Association made WHQS surveys to the property approx. 3 -4 years ago, when they assessed my property they decided that I was NOT eligible to receive a garden fence or garden gate because I didn't meet the primary needs that the WHQS laid out because I had a small chain link fence that marked the boundary.




http://gov.wales/docs/desh/publications/141030-whqs-guide-for-social-landlords-en.pdf


I have genuinely been complaining on and off since I took tenancy, I had NO fence when I moved in, Then they installed a low chain link.
The chain link to the side of the property is rusted and crumbling its been here since it was built 27yrs ago, same as the outer boundary wooden slat fence that has seen very little maintenance so is rotten in places and not very secure, the shrubs outside of that are seasonal meaning they shed their leafs for autumn winter and much of spring they take to grow back so there not much privacy considering theres a bustop and main road outback.


My tenancy states that the HA are responsible for repairs . replacements and maintainance (sealing and painting) for all their boundary and garden fencing and gating.


I have been asking to put my own fence up, but they would not allow it.


To clear some confusion, I'm not asking for the communal lane to be blocked off, I'm asking for the RED Lined section in the below image to be changed to wooden fence, for security and privacy reasons. Currently its not safe and secure enough to have toddlers in the rear gardens because they can get out easily and younger children can climb the chain link fence.


I choose to rent because I am disabled and wife works as a carer we cant afford to buy it out right if I could I would but I cant, and as I rent I thought I would have the protection of having my HA do what their obligated to do under law and standards with repairs and upgrades.


Even though ive been denied the wooden fence in the a few times in the past, I was not clued up on the tenancy rights and WHQS that came into force in the revised 2008 WHQS GUIDANCE for lanlords. so feel I was fobbed off because the HA didn't want to spend the cash in doing it. Lets not forget that HA surveyors are the primary defence of protecting the budget above the needs and obligations owed to a tenant.


Heres the excerpts from the WHQS as even though the link is provided people don't seem to have read it. Its different set of rules in wales compared to England Scotland and Northern Ireland All landlords must comply to the WHQS by 2020. As seeing the HA has boasted they have completed this by 2015 with their housing stock i think the garden has been over looked as a part of the dwelling to upgraded. I have bold and underlined the bits i think i believe the HA are locked into doing the fencing.





The WHQS stipulates


Overview of the Welsh Housing Quality Standard


1.0








‘Better Homes for People in Wales‘ states the National Assembly for Wales’ vision that "all households in Wales … shall have the opportunity to live in good quality dwellings that are:





  1. in a good state of repair
  2. safe and secure
  3. adequately heated, fuel efficient and well insulated
  4. contain uptodate kitchens and bathrooms
  5. well managed (for rented housing)
  6. located in attractive and safe environments
  7. as far as possible suit the specific requirements of the household (e.g. specific disabilities)"




The Welsh Assembly Government is committed to bringing all existing social housing up to the Welsh Housing Quality Standard by the end of 2020.


PART 2




[FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]Safe and secure


[/FONT]

[/FONT]The Standard




[FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]Staircases are a frequent source of accidental injury, particularly to elderly people and young children and every


opportunity must be taken to improve safety. There is a high risk of accidents in kitchens and bathrooms that can be reduced by careful consideration and improvement of the layout.


Fire can cause death or serious injury and every opportunity must be taken to improve existing installations to ensure easy escape routes and sufficient fire alarms are provided.


Electrical and gas installations in poor condition are a frequent cause of injury. Inadequate and poorly located


outlets can be inconvenient and dangerous. Inadequate heating installations can cause discomfort and be detrimental to good health. All opportunities must be taken to modernise existing installations and ensure they are safe.


An inadequate level of security increases the fear of crime and makes people feel insecure in their own dwellings. All dwellings must provide tenants with a reasonable level of physical security and every opportunity to improve the physical security through the provision of locks and other hardware should be taken.


Poorly enclosed and laid out gardens may be unsafe and inconvenient for the occupants. All opportunities must be taken to make gardens safe and suitable for young children to play in, convenient to use, easy to maintain and reasonably private.
[/FONT]

7.2
[/FONT]Security




[FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]2(n) The dwelling must have a reasonable level of physical security (Primary).
[/FONT]
[/FONT][FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]
[/FONT]
[/FONT]

Outside the dwelling


[FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]2(o) All opportunities must be taken to make gardens safe and suitable for young children to play in, easy to maintain and reasonably private (Primary).
[/FONT]
[/FONT]
Security lighting [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]Security lighting should be designed to cover all external doors and other vulnerable areas, such as rear garden, controlled by photo electric cell, a time switch or passive infra red detector. Low consumption lamps should be used and positioned to reduce glare, light pollution and possible attack. Similar provisions are required to light common entrances, corridors to flats / maisonettes press button time switches are not recommended. [/FONT][/FONT]





2(o) Is the rear garden easy to maintain, reasonably private, safe and suitable for young children to play in (Primary)?


[FONT=VCGWI M+ Frutiger,Frutiger]

[FONT=VCGWI M+ Frutiger,Frutiger]

The rear garden must be easy to maintain. This should be assessed in relation to the intended occupants and will consider issues such as:




[/FONT]
  • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]poor design[/FONT][/FONT]
  • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]space constraints [/FONT][/FONT]
  • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]steep topography [/FONT][/FONT]
  • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]The rear garden must be reasonably private. For example: [/FONT][/FONT]
  • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]landlords must ensure gardens have proper/secure boundaries. Secured By Design guidance advises that easy access to the back and sides of the dwelling can be prevented by the provision of locked gates. The use of post and wire fences, low level shrubs or walls is not considered suitable. Trellis topping also makes climbing difficult and will add security.[/FONT][/FONT]
[FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]
[/FONT]
[/FONT]
[FONT=VCGWI M+ Frutiger,Frutiger]

[FONT=VCGWI M+ Frutiger,Frutiger]

THE WELSH HOUSING QUALITY STANDARD


[/FONT]

[/FONT][FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]7.2


[/FONT]

[/FONT]
[FONT=VCGWI M+ Frutiger,Frutiger]



[FONT=VCGWI M+ Frutiger,Frutiger]

The rear garden must be safe and suitable for young children to play in. This also includes allowing supervision from the dwelling. Issues that may be considered in relation to this element are:




  • boundaries should be suitable to prevent children leaving the garden and should not encourage climbing
  • if the garden is on an incline, the landlord must ensure that the retaining walls are structurally stable and have an appropriate guard rail/balustrade
  • ensure pathways are even and unobstructed


Landlords will have to assess each garden individually and where possible undertake improvement works despite constraints.







[/FONT]






[/FONT]






[/FONT]











y4mR8Eqn8wpg0aPGCcnPIcyfadifYSAelNtIFDTDSSMHFqPV-HZ5Am83fNbGZnqCn0-jK8QdLmPYRf-jyIUw-4hRo2B4NEUVZNk5OSUMjaKumJkOqCmdj7KhMj9o_HLgHSIhdNuRXM_pp90Y0qUjBQ_Z9dksfDYFYzWHYdz8m4MbIaBSSM_sUmJa7b0fReARk6jqOAsuu68RtT-YqwgFZykbw?width=1152&height=648&cropmode=none

In red 0.5 meter high chain link in poor condition. To maion boundary 6ft slat fence with 2inch space between slats so easy visiablity to rear garden from main rd and bus stop.


Am I right in thinking that because I have next to no privacy, no lockable gate, no security, and I also have toddler nieces visit and stay over regularly and they communal lane is not safe as it has no lockable gate and is often left open and in a state of disrepair to the main gate and rear fencing the HA should replace what I have with a wood fence and lockable gate for both me and the communal flats?


If I'm not interpreting the about guidance properly can someone let me know. And let me know what rights would I have regarding the fence.


Thank you
«13

Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you have complained in writing to the housing association and the other tenants have right of access to there gardens there is not a lot you can do.
    You could move and buy your own home
  • batg
    batg Posts: 295 Forumite
    Perhaps the first course of action should be to have a window blind or net to stop people looking at you when you are eating at the breakfast bar?

    I also agree with the poster above, there is the possibility of moving and buying your own home and paying money for whatever kind of fence you would like?
  • Have a look online for their complaints procedure and follow it.
  • Or you could try a home swapping site.

    I don't think you are going to get far with this because of the need to provide access to the other terraces. What social housing will do about fencing now is very limited, even if there wasn't the need to provide access.

    Can you make your area smaller so there is a path to the other terraces around the outside but you have a garden area you could enclose and make secure/private (if you can get permission from the council). This would mean paying for the fencing.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    One difference between those who have landlords and those who don't, is that the latter are certain they have no one else and nothing to fall back on for the solution to their property problems. There are no laws or quality standards, just whatever one's ingenuity can come up with, relative to the depth of one's pockets

    In the case of rectifying an insecure boundary, the cheapest method is probably fast-growing, thorny hedging, which would also solve overlooking and privacy issues in time as well. For someone like me, with a very long boundary to a public road, it's a must-have.
  • HampshireH
    HampshireH Posts: 4,844 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Have you genuinely been complaining about this for 14 years on and off but not in that time sought permission to put your own fence up inside your boundary? Or put up blinds to prevent nosy people looking in?

    I don't think you will get very far with the HA as they have marked the boundary and provided a 6 ft fence in areas where it is required by the sound of it.

    They may give you permission however.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If the HA haven't sorted this in 14 years its time to sort it yourself. I don't fully understand your description. Private garden with no gate and see through fence?
    Look into fitting a gate yourself and screening the fence.

    Willow fence matting might work.
  • I have genuinely been complaining on and off since I took tenancy, I had NO fence when I moved in, Then they installed a low chain link.
    The chain link to the side of the property is rusted and crumbling its been here since it was built 27yrs ago, same as the outer boundary wooden slat fence that has seen very little maintenance so is rotten in places and not very secure, the shrubs outside of that are seasonal meaning they shed their leafs for autumn winter and much of spring they take to grow back so there not much privacy considering theres a bustop and main road outback.


    My tenancy states that the HA are responsible for repairs . replacements and maintainance (sealing and painting) for all their boundary and garden fencing and gating.


    I have been asking to put my own fence up, but they would not allow it.


    To clear some confusion, I'm not asking for the communal lane to be blocked off, I'm asking for the RED Lined section in the below image to be changed to wooden fence, for security and privacy reasons. Currently its not safe and secure enough to have toddlers in the rear gardens because they can get out easily and younger children can climb the chain link fence.


    I choose to rent because I am disabled and wife works as a carer we cant afford to buy it out right if I could I would but I cant, and as I rent I thought I would have the protection of having my HA do what their obligated to do under law and standards with repairs and upgrades.


    Even though ive been denied the wooden fence in the a few times in the past, I was not clued up on the tenancy rights and WHQS that came into force in the revised 2008 WHQS GUIDANCE for lanlords. so feel I was fobbed off because the HA didn't want to spend the cash in doing it. Lets not forget that HA surveyors are the primary defence of protecting the budget above the needs and obligations owed to a tenant.


    Heres the excerpts from the WHQS as even though the link is provided people don't seem to have read it. Its different set of rules in wales compared to England Scotland and Northern Ireland All landlords must comply to the WHQS by 2020. As seeing the HA has boasted they have completed this by 2015 with their housing stock i think the garden has been over looked as a part of the dwelling to upgraded. I have bold and underlined the bits i think i believe the HA are locked into doing the fencing.





    The WHQS stipulates


    Overview of the Welsh Housing Quality Standard


    1.0







    ‘Better Homes for People in Wales‘ states the National Assembly for Wales’ vision that "all households in Wales … shall have the opportunity to live in good quality dwellings that are:




    1. in a good state of repair
    2. safe and secure
    3. adequately heated, fuel efficient and well insulated
    4. contain uptodate kitchens and bathrooms
    5. well managed (for rented housing)
    6. located in attractive and safe environments
    7. as far as possible suit the specific requirements of the household (e.g. specific disabilities)"




    The Welsh Assembly Government is committed to bringing all existing social housing up to the Welsh Housing Quality Standard by the end of 2020.


    PART 2




    [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]Safe and secure


    [/FONT]

    [/FONT]The Standard




    [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]Staircases are a frequent source of accidental injury, particularly to elderly people and young children and every


    opportunity must be taken to improve safety. There is a high risk of accidents in kitchens and bathrooms that can be reduced by careful consideration and improvement of the layout.


    Fire can cause death or serious injury and every opportunity must be taken to improve existing installations to ensure easy escape routes and sufficient fire alarms are provided.


    Electrical and gas installations in poor condition are a frequent cause of injury. Inadequate and poorly located


    outlets can be inconvenient and dangerous. Inadequate heating installations can cause discomfort and be detrimental to good health. All opportunities must be taken to modernise existing installations and ensure they are safe.


    An inadequate level of security increases the fear of crime and makes people feel insecure in their own dwellings. All dwellings must provide tenants with a reasonable level of physical security and every opportunity to improve the physical security through the provision of locks and other hardware should be taken.


    Poorly enclosed and laid out gardens may be unsafe and inconvenient for the occupants. All opportunities must be taken to make gardens safe and suitable for young children to play in, convenient to use, easy to maintain and reasonably private.
    [/FONT]

    7.2
    [/FONT]Security




    [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]2(n) The dwelling must have a reasonable level of physical security (Primary).
    [/FONT]
    [/FONT][FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]
    [/FONT]
    [/FONT]

    Outside the dwelling


    [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]2(o) All opportunities must be taken to make gardens safe and suitable for young children to play in, easy to maintain and reasonably private (Primary).
    [/FONT]
    [/FONT]
    Security lighting [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]Security lighting should be designed to cover all external doors and other vulnerable areas, such as rear garden, controlled by photo electric cell, a time switch or passive infra red detector. Low consumption lamps should be used and positioned to reduce glare, light pollution and possible attack. Similar provisions are required to light common entrances, corridors to flats / maisonettes press button time switches are not recommended. [/FONT][/FONT]


    2(o) Is the rear garden easy to maintain, reasonably private, safe and suitable for young children to play in (Primary)?


    [FONT=VCGWI M+ Frutiger,Frutiger]

    [FONT=VCGWI M+ Frutiger,Frutiger]

    The rear garden must be easy to maintain. This should be assessed in relation to the intended occupants and will consider issues such as:




    [/FONT]
    • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger][/FONT][/FONT]
    • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]poor design[/FONT][/FONT]
    • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]space constraints [/FONT][/FONT]
    • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]steep topography [/FONT][/FONT]
    • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]The rear garden must be reasonably private. For example: [/FONT][/FONT][FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger][/FONT][/FONT]
    • [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]landlords must ensure gardens have proper/secure boundaries. Secured By Design guidance advises that easy access to the back and sides of the dwelling can be prevented by the provision of locked gates. The use of post and wire fences, low level shrubs or walls is not considered suitable. Trellis topping also makes climbing difficult and will add security.[/FONT][/FONT]
    [FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]
    [/FONT]
    [/FONT]
    [FONT=VCGWI M+ Frutiger,Frutiger]

    [FONT=VCGWI M+ Frutiger,Frutiger]

    THE WELSH HOUSING QUALITY STANDARD


    [/FONT]

    [/FONT][FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]7.2


    [/FONT]

    [/FONT][FONT=VCGWI M+ Frutiger,Frutiger][FONT=VCGWI M+ Frutiger,Frutiger]The rear garden must be safe and suitable for young children to play in. This also includes allowing supervision from the dwelling. Issues that may be considered in relation to this element are:



    • boundaries should be suitable to prevent children leaving the garden and should not encourage climbing
    • if the garden is on an incline, the landlord must ensure that the retaining walls are structurally stable and have an appropriate guard rail/balustrade
    • ensure pathways are even and unobstructed


    Landlords will have to assess each garden individually and where possible undertake improvement works despite constraints.


    [/FONT]

    [/FONT]

    [/FONT]









    y4mR8Eqn8wpg0aPGCcnPIcyfadifYSAelNtIFDTDSSMHFqPV-HZ5Am83fNbGZnqCn0-jK8QdLmPYRf-jyIUw-4hRo2B4NEUVZNk5OSUMjaKumJkOqCmdj7KhMj9o_HLgHSIhdNuRXM_pp90Y0qUjBQ_Z9dksfDYFYzWHYdz8m4MbIaBSSM_sUmJa7b0fReARk6jqOAsuu68RtT-YqwgFZykbw?width=1152&height=648&cropmode=none
  • HampshireH
    HampshireH Posts: 4,844 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Where on your diagram is th current 6ft fence cited
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 21 January 2018 at 10:54AM
    Heres the excerpts from the WHQS as even though the link is provided people don't seem to have read it.
    Try posting just the relevant parts. Editing the above post would help.

    Take whatever supporting information you have to to the HA. What do the other residents want?
    I have been asking to put my own fence up, but they would not allow it.
    Why not?
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