Fence repairs

rmg1
rmg1 Posts: 3,129 Forumite
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in Consumer rights
Hi all

Not entirely sure this is right place to put this (MODS - feel free to move it a better section) but here goes....

I am a council tenant and have a fence around my garden (erected by the council).
One of the fence posts has rotted where it goes into the ground and the section of the fence now moved and will, eventually, give way.

I've reported it to the council but they say it's my responsibility.

I've checked my tenancy agreement which states (under the Garden section):-
“You must not erect fences, walls or gates without written permission. We will not be responsible for the repair or maintenance of fences you have erected”

The tenants handbook, however, states (under the Your Responsibilities section):-
“Repairing boundary fences and associated hardware”

To me, these two items contradict each other.
The tenancy agreement (to me) states that if I erect a fence, it's my problem if it rots/falls down/gets blown down. No problem there. The fence, however, was erected by the council.

Can anyone shed (pardon the vague pun) any light on this?
:wall: Flagellation, necrophilia and bestiality - Am I flogging a dead horse? :wall:

Any posts are my opinion and only that. Please read at your own risk.
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Comments

  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    rmg1 wrote: »
    Hi all

    Not entirely sure this is right place to put this (MODS - feel free to move it a better section) but here goes....

    I am a council tenant and have a fence around my garden (erected by the council).
    One of the fence posts has rotted where it goes into the ground and the section of the fence now moved and will, eventually, give way.

    I've reported it to the council but they say it's my responsibility.

    I've checked my tenancy agreement which states (under the Garden section):-
    “You must not erect fences, walls or gates without written permission. We will not be responsible for the repair or maintenance of fences you have erected”

    The tenants handbook, however, states (under the Your Responsibilities section):-
    “Repairing boundary fences and associated hardware”

    To me, these two items contradict each other.
    The tenancy agreement (to me) states that if I erect a fence, it's my problem if it rots/falls down/gets blown down. No problem there. The fence, however, was erected by the council.

    Can anyone shed (pardon the vague pun) any light on this?

    the first part says if they give you permission to erect a fence that fence is your problem, the second one says that all existing fences are your problem.

    No contradiction, fences are your problem.
  • rmg1
    rmg1 Posts: 3,129 Forumite
    Name Dropper First Anniversary First Post
    But what about fences they've erected?
    There's the contradiction (as I see it, anyway).
    :wall: Flagellation, necrophilia and bestiality - Am I flogging a dead horse? :wall:

    Any posts are my opinion and only that. Please read at your own risk.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Name Dropper First Post First Anniversary
    You have to get permission before putting up a new structure where one currently does not exist and you are responsible for repairing the fence, whoever put it up in the first place. Seems clear to me.
  • NCC-1707
    NCC-1707 Posts: 348 Forumite
    Name Dropper Combo Breaker First Anniversary First Post
    rmg1 wrote: »
    But what about fences they've erected?
    There's the contradiction (as I see it, anyway).
    There's no contradiction. Tenants are responsible for repair of fences...no matter who erects them.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    First Anniversary Name Dropper First Post
    NCC-1707 wrote: »
    There's no contradiction. Tenants are responsible for repair of fences...no matter who erects them.


    I agree that their is no contradiction. But I do wonder where "repair" of existing fences ends and "erection of a new fence" begins - an age old conundrum...


    None of the fences on the property we live in are the "existing" fences of 20 years ago. Over several storms and rotting, we've replaced all the fence posts and panels. I think we've repaired them but an argumentative person could say we've erected "new" fences. I suppose if you follow the existing fence line it's just a repair.


    OP - I think you are responsible for repair of the fences whoever erected them, but you might want to check with the council that they are happy for you to carry out any necessary repairs.
  • micky2phones
    micky2phones Posts: 485 Forumite
    First Post First Anniversary Combo Breaker
    rmg1 wrote: »
    But what about fences they've erected?
    There's the contradiction (as I see it, anyway).

    Hi, Look at it another way.

    Its a bonus that the fence was put up in the first place by the council, saving you the time and money ?
  • rmg1
    rmg1 Posts: 3,129 Forumite
    Name Dropper First Anniversary First Post
    Thanks all, just wanted to make sure my local council wasn't shirking its responsibilities.
    I do still find it odd that the tenancy agreement specifically uses this phrase :-
    "We will not be responsible for the repair or maintenance of fences you have erected”
    :wall: Flagellation, necrophilia and bestiality - Am I flogging a dead horse? :wall:

    Any posts are my opinion and only that. Please read at your own risk.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    First Anniversary Name Dropper First Post
    rmg1 wrote: »
    Thanks all, just wanted to make sure my local council wasn't shirking its responsibilities.
    I do still find it odd that the tenancy agreement specifically uses this phrase :-
    "We will not be responsible for the repair or maintenance of fences you have erected”


    OK. I'm now thinking that is a bit odd too - despite my earlier post (denying any contradiction!). That clause implies (to me at least) that they might be liable for repairs to fences erected by the Council themselves (or previous tenants?).


    Is the Tenants Handbook incorporated into the Tenancy Agreement?


    I would suggest this is not a Consumer problem. I would suggest getting the board Mods to move this thread to the Essential money/ Home buying and Renting board or the DIY one on this board.


    Hope that helps. I've never been a council tenant but would want the landlord to fairly cover their responsibilities.


    I don't know how to get Mods to move threads (I haven't read fully the T&Cs!) but it happens all the time.
  • rmg1
    rmg1 Posts: 3,129 Forumite
    Name Dropper First Anniversary First Post
    Now can you see my confusion?
    The Tenancy agreement is a couple of pages but the handbook (which I don't think I've ever seen) is a separate document.

    The last time I had a post moved, I reported my own post and asked them to do it that way.
    I'll try that again.
    :wall: Flagellation, necrophilia and bestiality - Am I flogging a dead horse? :wall:

    Any posts are my opinion and only that. Please read at your own risk.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Manxman_in_exile wrote: »
    I agree that their is no contradiction. But I do wonder where "repair" of existing fences ends and "erection of a new fence" begins - an age old conundrum...

    Trigger's broom!

    https://www.youtube.com/watch?v=BUl6PooveJE
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