Council house, issue with fencing.

Genmalouise350

So, long story short.
the last tenant of the property of my council house installed a fence without permission and also changed the boundary of the back garden with the fence they all installed. when I first moved in the council mentioned nothing about this, it was the neighbour who told me about our garden actually being bigger then it is.
I have spent around 7 years getting the council to agree to come and look and confirm the actual boundaries to the property which they did this year in may 2020 while sorting out my tenancy agreement (took them 2 years and my local MP to get involved for them to remove my ex from the tenancy even though I gave them evidence of it being an abusive relationship). And they have said that it is my responsibility to remove the old fence and install a new one.
i have argued this as it wasn’t me who installed it, and I wasn’t even notified that the last tenant breached her agreement by installing this fence or altering the boundaries without permission, but they just don’t seem to care and as it’s taken this many years to get them to admit the actual boundaries and the fact they was put up with permission I don’t see what I can do to get this resolved. I mean, I’d be happy if they was just willing to remove the old fencing but I don’t know what else I can do?
I have complained to the council about this, I have raised this with my local MP as I was advised to by citizen advise and shelter and also told if they still do not resolve the issue then i can take it to the Housing ombudsman as they are telling me I need to pay to fix a past tenants mistake and the council have a duty to put each property back to how it should be after each tenant has moved out ready for the next tenant and they failed to do that with the back garden fencing.

can anyone give me any advise on what else I can do to get this sorted? I’m sure the council can’t force me to pay for another tenants actions when it comes to breaching the agreement they made as it wasn’t me and I can prove that with images, as well as a statement from my neighbours who have lived here since before the last tenant who did the work.

princeofpounds

To be clear - does the fence award your property MORE or LESS land than appears on the title deeds? Your sentence about 'bigger than it is' is ambiguous - you do not clearly differentiate between subject and object.

stingey

Hi
Nothing you can do. You've taken the property as it is.  It's the council's responsibility to reclaim the land they've lost. 
Is the council telling you to remove the old fence and install a new one or are you wanting a larger garden and wanting the council to pay for it? 

DiamondLil

The council aren't forcing you to do anything; you can simply leave the existing fence where it is ?

greatcrested

You do't want the fence there.

It's the council's fence, not the neighbour's.

Your council tenancy makes you responsible for the fence.

The council have suggsted you remove it.

Borrow a sledge hammer, knock down the fence and take it to the tip (assuming like mine it'snow open again).

As to replacement- well, do you want/need a fence there?

ElephantBoy57

Genmalouise350 said:

So, long story short.
the last tenant of the property of my council house installed a fence without permission and also changed the boundary of the back garden with the fence they all installed.

Councils generally try to leave the fences to the responsibility of the tenant. The boundary on the deeds of the house will not have changed. Is this difference in size just a few inches or little more?

Is the property the other side of the fence also a council tenant. If so, the council will not be concerned.

rik111

This is the most ridicules thing I have read in a long time... You obviously saw the size of the garden when you first rented the property and were happy with it. Do you not realise the financial pressure the council housing department are under ? They have to try and find housing for homeless families every day of the week yet sod them you them you think you deserve a bigger garden and the council should pay for it. Fair enough this extra may belong to the house you rent but if it is important to you, put your hand in your pocket and pay for it. Even better find another house with a bigger garden and let a more deserving family have your house who would be delighted to have any sort of garden. Thank God there are some councils using their common sense and not throwing their money away.

stingey

rik111 said:

This is the most ridicules thing I have read in a long time... You obviously saw the size of the garden when you first rented the property and were happy with it. Do you not realise the financial pressure the council housing department are under ? They have to try and find housing for homeless families every day of the week yet sod them you them you think you deserve a bigger garden and the council should pay for it. Fair enough this extra may belong to the house you rent but if it is important to you, put your hand in your pocket and pay for it. Even better find another house with a bigger garden and let a more deserving family have your house who would be delighted to have any sort of garden. Thank God there are some councils using their common sense and not throwing their money away.

Bingo.  This is the way I think this issue has ran. 
1. The council would not have removed the fence when the old tenant moved out as it would cost money.  As they would be unable to charge the old tenant (as they have now left) and can't charge the new one, the cost effective solution to the rent payer is to leave it where it is.   
2. Reclaiming the land costs money. 
3. A person who doesn't own the property (OP) thinks they should be entitled to a bigger garden on the say so of a neighbour. 
4. Council doesn't have the cash to spend on a fence so they have suggested that the tenant removes the old fence and put in a new one on the correct boundary line as a solution. 
5.  Tenant is unhappy with this as the council won't do it and pay for it and therefore feels she is being forced because the fence isn't where she wants it to be.  Although in reality as she is not the owner of the property she isn't forced to do anything. 
6.  Tenant so unhappy she has made numerous complaints and spoken to her MP.  This is turn has cost the council money has they have to pay someone to respond to the tenant and the MP.  
7.  In the midst of a COVID pandemic the council is currently trying to house as many homeless people as possible and is having to stop this and deal with the issue of a fence, which is only upsetting a person who doesn't own the property. 
8.  Council still won't move the fence because: they don't have the money, it's not an emergency and it could pose a COVID risk to the staff having to do the work. 
9.  The tenant will still proceed to complain that she is being hard done by so what will happen is the council will agree to remove the fence.  And it won't be replaced and then starts a new cycle of complaints that she now doesn't have a fence.  (The original tenant put a fence up because the council wouldn't do it).

Why do I think this is the way it has gone?  I work in social housing. I deal with this every day.  You have 2 options.  To leave the fence as it is or pay for it to be moved.   There isn't a magic money tree for councils and a fence isn't a priority. 

Sorry if this sounds harsh, but that's just the way it is at present. 

[Deleted User]

The fence is in place and presumably whole.  The Council are more bothered about that than a boundary issue.  Its just not something they have a need to do.  You do, so you can then decide whether its worth the effort to remove the old fence and replace it.

I have a similar problem, previous tenant put yukky textured plaster effect on the walls,  In some places its like concrete, in others its falling off the walls, its also uneven.  very bad job.  I have eyesight problems so didn't see it on viewing but even if I had, this was the only offer I was going to get so couldn't have refused.  But council won't remove it or even plaster over it.  Its down to me and I am slowly doing it (and it is a huge problem as I have arthritis so not without discomfort).  Obviously I feel its a bit unfair because I am having to remove something a previous tenant did.  But so what?  You get a lot of repairs done quicker and better than with private rentals, your rent is a lot less than private rentals so there have to be compromises.  Not everything you think should be done by the council will be as they have to have strict criteria, there just isn't the money to cover things that aren't essential.

sharpe106

The last tenant of the property of my council house installed a fence without permission and also changed the boundary of the back garden with the fence they all installed. When I first moved in the council mentioned nothing about this, it was the neighbour who told me about our garden actually being bigger then it is.

 You rented it as you saw it so you have lost nothing, the land is not yours. The council probably did not even notice the boundary had been changed or care.

I have spent around 7 years getting the council to agree to come and look and confirm the actual boundaries to the property which they did this year. In May 2020 while sorting out my tenancy agreement (took them 2 years and my local MP to get involved for them to remove my ex from the tenancy even though I gave them evidence of it being an abusive relationship). And they have said that it is my responsibility to remove the old fence and install a new one.

 Why would they put a new fence up?

I have argued this as it wasn’t me who installed it, and I wasn’t even notified that the last tenant breached her agreement by installing this fence or altering the boundaries without permission, but they just don’t seem to care and as it’s taken this many years to get them to admit the actual boundaries and the fact they was put up with permission I don’t see what I can do to get this resolved. I mean, I’d be happy if they was just willing to remove the old fencing but I don’t know what else I can do?

 Why do you care if they don’t, you rented it as you saw and were happy at the time, so what difference does it make except you want a bigger garden. Would you be happy if they did it and said oh the garden is bigger than we thought it was so we are going to charge you extra?

I have complained to the council about this, I have raised this with my local MP as I was advised to by citizen advise and shelter and also told if they still do not resolve the issue then i can take it to the Housing ombudsman as they are telling me I need to pay to fix a past tenants mistake and the council have a duty to put each property back to how it should be after each tenant has moved out ready for the next tenant and they failed to do that with the back garden fencing.

 The house is as it should be as far as the council are concerned. That a bit like saying they put up a conservatory whilst one tenant was in so they have to take it down for the next one. So it is the same as it was originally.  
Can anyone give me any advise on what else I can do to get this sorted? I’m sure the council can’t force me to pay for another tenants actions when it comes to breaching the agreement they made as it wasn’t me and I can prove that with images, as well as a statement from my neighbours who have lived here since before the last tenant who did the work.

 They are not forcing you to do anything, they have not told you to do anything. They are not breaching the agreement you have got exactly the same today as you had when you agreed to the rental.

 Why do you think the council should spend money giving you a bigger garden when they as the owners do not care? If it was falling down then that is different. Either pay and do it yourself or get on living your life.

YoungBlueEyes

Im a bit confused by some of the replies here...

OP just to clarify - the last tenant moved the fence to make the garden bigger and you’re trying to get the fence moved back to it’s original position?