Fence issue with neighbour

Steveffc69

Back in June my neighbour wanted to put up new fence at rear of he’s and mine garden. It’s my fence that’s missing 3 panels. As I don’t line there I’m not bothered it’s a BTL property. So he says I’m going ahead to do it myself with help of neighbour. He says do you want to share the costs. I said I have no work I will sort it out at a later date. He wants it done so he can sell he’s property. 3 months later he text me I owe him £675 for my share. And over £200 cash to neighbour for helping him out. None was agreed by me. Nor was the materials etc amd price agreed by me. Before work commences. It turns out the then he sent me the total bill for everything. No sharing the costs as he put it. All I said is I wouid contrribute at a later date. No price agreed before or during. No way I’m paying £675 for 3 panels. I have now sold up before him. I am happy to pay half the. Material cost but no more as I did not employ the neighbour 

Bradden

So don't pay him. Seems like an excessive cost for 3 panels.

IvanOpinion

Tell him that you wish to see the invoice for the materials and then offer him half of that - alternatively just ignore him.

Aylesbury_Duck

Sounds like you owe him half the cost, as per your verbal agreement.  It's up to you and your conscience whether to pay up and if so, how much, but without evidence of what it cost him, I'd stall until he can provide it.

Keep_pedalling

You sound like a terrible landlord. Your fence falls apart and you don’t give a toss about fixing it because you don’t live there. You my not live there but for your tenant it is their home and they have a right to expect their landlord to to carry out basic repairs like this.

Steveffc69

Keep_pedalling said:

You sound like a terrible landlord. Your fence falls apart and you don’t give a toss about fixing it because you don’t live there. You my not live there but for your tenant it is their home and they have a right to expect their landlord to to carry out basic repairs like this.

Thank you I’m a very good landlord you only have to ask my tenants. That was not the point I was making.  

davidmcn

Aylesbury_Duck said:

Sounds like you owe him half the cost, as per your verbal agreement.

It doesn't sound to me like there was an agreement beyond in principle to look at doing it at a later date.

Aylesbury_Duck

davidmcn said:

Aylesbury_Duck said:

Sounds like you owe him half the cost, as per your verbal agreement.

It doesn't sound to me like there was an agreement beyond in principle to look at doing it at a later date.

I wasn't sure.  The way this was worded -  "So he says I’m going ahead to do it myself with help of neighbour. He says do you want to share the costs. I said I have no work I will sort it out at a later date." - made it appear that OP had implied he was happy for the work to go ahead and would sort his share of the costs at a later date.  Of course, there is an alternative interpretation, that "sort it out at a later date" refers to the whole job of fencing, and not just sorting out the shared cost.  Without knowing exactly what was said I think it's impossible to say.

Bottom line is that OP can walk away and pay nothing, and their ex-neighbour could pursue it through court if they were so inclined.  Whether they'd get anywhere is another matter.

Pollycat

Aylesbury_Duck said:

I wasn't sure.  The way this was worded -  "So he says I’m going ahead to do it myself with help of neighbour. He says do you want to share the costs. I said I have no work I will sort it out at a later date." - made it appear that OP had implied he was happy for the work to go ahead and would sort his share of the costs at a later date.  Of course, there is an alternative interpretation, that "sort it out at a later date" refers to the whole job of fencing, and not just sorting out the shared cost.  Without knowing exactly what was said I think it's impossible to say.

Bottom line is that OP can walk away and pay nothing, and their ex-neighbour could pursue it through court if they were so inclined.  Whether they'd get anywhere is another matter.

It could also read that the OP meant 'I'm not working, I'll sort the fence out at a later date' rather than payment for the materials and labour.

Ambiguous.

And as you say - we don't even know if they were the exact words used.

the_lunatic_is_in_my_head

There's typically no obligation to repair a broken fence, the exception would be if there is a convent in the deeds specifically requiring a fence whilst noting clauses that simply require a boundary to be maintained doesn't require a fence.

If you own certain animals that roam free in the garden you have an obligation to keep them within your property so if the tenants have a dog for example then repairing the fence would likely be seen as the correct thing to do. 

Bit harsh to have a go at the OP, who is to say the tenants don't care or that the fence is behind bushes and can't be seen? 

£875 to replace just 3 fence panels is far too much. 

OP with the above in mind unless the neighbour can show you agreed to half the actual cost then it's their choice to repair the fence and I can't see they have any claim if they can't. 

Soot2006

If he took you to small claims court, I presume there is nothing in writing to suggest you would contribute to the fence? So it all comes down to the verbal agreement. You have sold your house; he is selling his; you're never going to see this person again ... If it were me in the face of such  a vague agreement, out of goodwill  as a nice person, I'd pay half the cost of the required materials to FIX the broken parts of the fence (not replace anything) i.e. three panels and associated materials to put them up (gravel boards, etc) ...  Then I'd feel I had the moral high ground and leave it at that.