Housing Association says the Fencing I paid for will belong to them!!

zelda86

Can anyone help with advice please. The fencing between myself and my neighbour fell down in my garden. We were going to go half but they have now decided not to. 
I had a visit as I needed permission. I was asked lots of questions. So are you going to be having concrete posts and gravel boards? Answer NO I cannot afford them i'm on benefits and I used my savings doing this bungalow up when I moved in 18 months ago. Next question So what posts will you be having? Answer wooden 8' posts. Next question. So how will they be fitted? Answer as they are now.
Posts are fitted to the back of fence panels on my side. Was then barked at that that is not allowed and the posts would have to be like the concrete posts where they slip in. Great more money. 
Then I asked a couple of questions because I am spending all the money. Can the workmen have permission to step foot onto the next door garden there's only rubble down. Reply No workmen should not need to step one foot into their garden It can be all done from my side. They have to keep my side at all times. Next question I asked. Can I ask the neighbour not to put anything on her side of the fence. Reply NO FENCE DOES NOT BELONG TO YOU IT WILL BECOME OUR PROPERTY! sorry say that again did I hear right. Yes I did. The fence belongs to the HA but we us tenants have to look after it and replace it if needed. And if given permission which I have now the moment it is erected it belongs to the Housing Association. It does say in the tenancy agreement that they will not replace the back fence. It doesn't say that it belongs to them. 
How can this be right they say it is THEIR fence but we have to pay for a replacement or anything to do with its upkeep. 
And if I do put the posts in the way they are now then she orders I take the fence down and put the posts in as SHE said!
The fence has already fell down into my garden all posts are broken due to the next door having 2 BIG wooden sleepers lent up against the fence along with 2 concrete sleepers but she don't care about that!
CCTV caught it it was like watching Domino's started at one end and finished at the other end .
Sorry for the rant but I just feel like saying stuff will leave it be but I want my garden to look nice.
Please if anyone can give me some advice I would gladly appreciate it. Thank you.

elsien

Unless you’re planning on moving and taking the fence with you, in that context, it’s academic who it belongs to. 

You have the option of putting a fence up or not putting a fence up. Which do you prefer?

FlorayG

You're stuck between a rock and a hard place there because if the fence belongs to them then they will be responsible for maintaining it, which we all know they won't, so when it needs repair in years to come you will still be the person who does it.
They should be responsible for maintaining the boundaries; have you asked them to do it?
If you are paying and the neighbour does not object I can't see how or why the HA can have any say in what type of fencing you put up or if you access the neighbours garden ( with neighbour's permission) in order to do it.
I would be speaking with a 'higher up' at the HA I think

elsien

FlorayG said:

You're stuck between a rock and a hard place there because if the fence belongs to them then they will be responsible for maintaining it, which we all know they won't, so when it needs repair in years to come you will still be the person who does it.
They should be responsible for maintaining the boundaries; have you asked them to do it?
If you are paying and the neighbour does not object I can't see how or why the HA can have any say in what type of fencing you put up or if you access the neighbours garden ( with neighbour's permission) in order to do it.
I would be speaking with a 'higher up' at the HA I think

That really does depend on what the tenancy says. 

lincroft1710

Back in the early 1960s, a relative lived in a council house and decided to erect a prefabricated garage at the side of the house. Council agreed to this but said if they moved they could not dismantle the garage and take it with them or sell it as it would belong to the council

AskAsk

your mistake was asking for permission.  you should have just put the fence up as they never go round inspecting properties anyway and even if they do, they won't notice the new fence or force you to take it down because theirs fell apart.

zelda86

Thank for the replies. In the tenancy agreement it does say the fence does belong to WDH but me and the neighbour have to maintain it repair paint replace ect. Even though its their property and they do not replace broken fence or an arson attack on fences. Neighbour has said not a problem going in her garden as she said she pays the rent. We will go ahead with the new fence but we are going to stick with our budget. If I did replace without asking I would be the one who got found out and be in court. Again thanks folks for your reply. 

FreeBear

I would urge you to use concrete posts. Timber posts will rot at the base in 10 years or so. Concrete gravel boards will stop the bottom of the panels rotting, but that may well put the job well over your budget. At least, with concrete posts in place, you can drop new fence panels in as & when needed, and when finances improve, slot in concrete gravel boards.

Mildreds_Earrings

"NO I cannot afford them i'm on benefits and I used my savings doing this bungalow up when I moved in 18 months ago"

I understand your position but your personal financial situation is not the responsibility of your landlord. Your landlord has a right to provide you with a specification to erect a fence, otherwise they are neglecting their duty of care to you and your neighbour, especially if it fell down or collapsed on someone. I realise you're upset but take the emotion out of it and try to see things from the social housing landlord's point of view. If they granted permission to everyone without giving specifications and then sending a surveyor to ensure the tenant has met that specification, they would have lawsuits every other week.