Housing Association and the fence saga!

TheTalkingDead

PLEASE READ POSTS 6,7,8,9.




Background.


Back at the start of last year (2018) I made a WHQS request for fencing for privacy reasons, and the association erected a fence both sides of the shared access lane I share with neighbours, hence the need for privacy as we only had a small chain link fencing we could see into each others properties and have encountered strangers in the lane and had property stolen.


The put the fence up all was fine, Storm Callum hit and a section from the flats bit of new fencing have collapsed, I informed the neighbours in the flats who have shared access to inform the association it has come down.
The association maintenance team came out hammer and nailed it back up, then a matter of hours later fell down into the lane and onto my side fencing, I informed the woman in the bottom flat that it had come down again, and does she want me to ring them but she declined saying she would take care of it.


fast forward some weeks later and I ask the lady in flat if the HA has given her a time scale on a repair she said don't go there to me about that, I asked how come and she said they wanted her to pay almost £500 to have the section replaced, citing to her that "its a rechargeable item because she broke it intentionally to get a new fence".
So this is why it has not been repaired its also absurd to infer that because the fence came down a second time in a matter of hours from the poor bodge job they did to "repair" it is wilful damage to gain a new fence. Its a new fence anyway there is no gain per se to start with just what I would call remedial works from storm damage and now a reactive works for poor workmanship.


I then spoke with the flat above the lady on the ground floor who also reported it when it came down, and reported it 2 weeks ago as a follow up, they told her "its not a boundary fence so it's not their responsibility to repair it, if she and the other residents want it repair, they must all pay for materials and labour, and its been surveyed by them and the cost would be £670.00, and if no one in the flats repair it by it by 31st January they are going to repair it and recharge all in the flats this cost and attach it to their rent".


I'm in no way impressed by the HA about this, its blocking my access to my garden and enjoyment of use of my property, its also not practical for me and my children to have to cart their bikes and other stuff through the house, I'm also disabled and need level ground access all round.


I've read my very old tenancy agreement I pulled out the attic, and it states clearly in it they are responsible for ALL dividing and boundary fencing and where flats and communal gardens and shared access is concerned the only requirement is to keep them in serviceable condition, report all damages as soon as possible and they are responsible for steps, doors, fencing etc.


I've not received no updated version of a tenancy agreement so I supposed its been unchanged or unmodified.


We have an estates manager, but she only seems to be interested in what she can recharge you for in terms of having stuff she deems rubbish in the gardens, or broken but legal car out in the drive (we are not allowed to change a car tire as "maintenance or breakdown repairs are prohibited") in our tenancy and we must pay to get it to a garage or have AA RAC at home cover to deal with them, there are many many fencing and hedging and broken rain water down pipes broken or missing and when told she shrugs it off as if you have two heads so site maintenance is not her priority but more residential recharging for small BOT's, I have 6 chairs and glass table and in a letter called them tat and rubbish and said I had to get rid or they would and I would get a recharge for removal. I only purchased them back in spring! I wasn't pleased and told them it is my property if they take them ill recharge them for a table set, so talking with her would just be a pointless exercise .


Both neighbours seem reluctant for me to get involved as they tell me "for that price they shove it and stay as it is" but for me it impractical being disabled and it cant stay this way, surely although it's their fence If its hitting mine and blocking my access form the shared lane the surely I can contact the HA and speak with someone about it as its affecting me and my children plus its safety hazard.


I'm thinking the HA just wants a payday, some refund for having to put it up in the first place, I know it cost them quite a bit of money, as they're charged a massive amount by the contractors regarding fencing, and doors, but that's not our fault, perhaps they should have looked properly at the contract.


Apologies for the rambling and long winded post.

da_rule

So what’s your question?

[Deleted User]

I know this is emotional for you but to help get an answer could you possibly just type the main point(s) and a question?

I have the same problem myself. I have learned that if I want anyone official to get something done I keep the request short, no emotional stuff in it and preferably bullet pointed if more than one point.

I write, leave it a day (if overly emotional) and then edit, cutting all non essentials out.

It gets easier the more you do it. I really do get more done now lol.

csgohan4

if you want something done properly, sometimes best to get it done yourself

Tigsteroonie

"Dear HA,

"Since your repair, the fence has once again fallen down due to adverse weather conditions. It is now preventing me access to part of my property. Please advise when you will return to repair/replace it once again."

saajan_12

TLDR: OP lives in a HA property with a fence on either side of a shared access lane. A storm damaged the fence and the HA bodged a temporary solution which fell down again. The HA are now demanding £500 to fix it stating "its a rechargeable item because she broke it intentionally to get a new fence" and later that "its not a boundary fence so it's not their responsibility to repair it" so the tenants would cover the £670 costs.

The broken fence is restricting access to OP's garden and OP wants a fence for privacy. The original tenancy agreement makes the HA responsible for all dividing and boundary fencing for shared access provided damages are reported. The estates manager and neighbours seem unwilling to help.

TheTalkingDead wrote: »

Background.


Back at the start of last year (2018) I made a WHQS request for fencing for privacy reasons, and the association erected a fence both sides of the shared access lane I share with neighbours, hence the need for privacy as we only had a small chain link fencing we could see into each others properties and have encountered strangers in the lane and had property stolen.


The put the fence up all was fine, Storm Callum hit and a section from the flats bit of new fencing have collapsed, I informed the neighbours in the flats who have shared access to inform the association it has come down.
The association maintenance team came out hammer and nailed it back up, then a matter of hours later fell down into the lane and onto my side fencing, I informed the woman in the bottom flat that it had come down again, and does she want me to ring them but she declined saying she would take care of it.


fast forward some weeks later and I ask the lady in flat if the HA has given her a time scale on a repair she said don't go there to me about that, I asked how come and she said they wanted her to pay almost £500 to have the section replaced, citing to her that "its a rechargeable item because she broke it intentionally to get a new fence".
So this is why it has not been repaired its also absurd to infer that because the fence came down a second time in a matter of hours from the poor bodge job they did to "repair" it is wilful damage to gain a new fence. Its a new fence anyway there is no gain per se to start with just what I would call remedial works from storm damage and now a reactive works for poor workmanship.


I then spoke with the flat above the lady on the ground floor who also reported it when it came down, and reported it 2 weeks ago as a follow up, they told her "its not a boundary fence so it's not their responsibility to repair it, if she and the other residents want it repair, they must all pay for materials and labour, and its been surveyed by them and the cost would be £670.00, and if no one in the flats repair it by it by 31st January they are going to repair it and recharge all in the flats this cost and attach it to their rent".


I'm in no way impressed by the HA about this, its blocking my access to my garden and enjoyment of use of my property, its also not practical for me and my children to have to cart their bikes and other stuff through the house, I'm also disabled and need level ground access all round.


I've read my very old tenancy agreement I pulled out the attic, and it states clearly in it they are responsible for ALL dividing and boundary fencing and where flats and communal gardens and shared access is concerned the only requirement is to keep them in serviceable condition, report all damages as soon as possible and they are responsible for steps, doors, fencing etc.


I've not received no updated version of a tenancy agreement so I supposed its been unchanged or unmodified.


We have an estates manager, but she only seems to be interested in what she can recharge you for in terms of having stuff she deems rubbish in the gardens, or broken but legal car out in the drive (we are not allowed to change a car tire as "maintenance or breakdown repairs are prohibited") in our tenancy and we must pay to get it to a garage or have AA RAC at home cover to deal with them, there are many many fencing and hedging and broken rain water down pipes broken or missing and when told she shrugs it off as if you have two heads so site maintenance is not her priority but more residential recharging for small BOT's, I have 6 chairs and glass table and in a letter called them tat and rubbish and said I had to get rid or they would and I would get a recharge for removal. I only purchased them back in spring! I wasn't pleased and told them it is my property if they take them ill recharge them for a table set, so talking with her would just be a pointless exercise .


Both neighbours seem reluctant for me to get involved as they tell me "for that price they shove it and stay as it is" but for me it impractical being disabled and it cant stay this way, surely although it's their fence If its hitting mine and blocking my access form the shared lane the surely I can contact the HA and speak with someone about it as its affecting me and my children plus its safety hazard.


I'm thinking the HA just wants a payday, some refund for having to put it up in the first place, I know it cost them quite a bit of money, as they're charged a massive amount by the contractors regarding fencing, and doors, but that's not our fault, perhaps they should have looked properly at the contract.


Apologies for the rambling and long winded post.

TheTalkingDead

Sorry for any confusion that some may have taken from my long winded post.


I bumped into the bottom flat neighbour this morning taking in the bin, the fence was down again so I mentioned that ill ask from my end when a repair is going to be completed. She agreed I could ring them.


So after calling them, it seems there is no report of maintenance, I explained what I had been told by my neighbours, and I quickly popped round to bottom flat and asked for her report ref number, HA wanted to speak with her on the phone so I obliged, apparently HA has nothing on the system but on that 20thdec date there was employee entry on access to the maintenance log for the address?
They are now going to access telephone call recordings and they will ring my neighbour back before then end of the day.


Kind of feel like I'm in the twilight zone, what on earth is going on with them I wonder? Will report back when I find out more.

G_M

What exactly are you expecting from us here?

A fence came down. It was (or maybe wasn't) reported. The report is being chased. The Housing Association are looking into it.

In due course, the fence will be fixed.

TheTalkingDead

G_M wrote: »

What exactly are you expecting from us here?


A fence came down. It was (or maybe wasn't) reported. The repost is being chased. The Housing Association are looking into it.


In due course, the fence will be fixed.

I suppose I'm looking for a way in which to pin the HA down and get them to relinquish (IF ANY) recharge to the these tenants in the flats they tell me the HA want to charge them.


I'm not familiar with Housing Obligations, and as the impression I've got from 2 helpful posts its write to them tell them its a hazard, and they have an obligation to repair it FOC?


But if they don't and stand on what has been told to the tenant what do they/I do?

TBagpuss

I would write rather than phoning. Keep a copy of the letter, and when you sent it.
I would start with a brief letter now, simply saying that the fence was erected by the HA and you understand that maintenance and repairs are their responsibility. Explain that it was blown down the storm, that a temporary repair was carried out but was ineffective and the fence blew down again.
Say that you had understood that your neighbour had reported it but that you spoke to the HA directly on [date] and they did not appear to be aware of it so you are concerned that there may have been a miscommunication.

Letters are harder to ignore than phone calls, and give a clearer record.

sal_III

I admit I speed read your OP, so might be missing/asking the obvious, but why didn't YOU call the HA if it's bothering you that much and affecting your mobility, but relied on various neighbours to do so instead?