Weird question about a fence...

[lalalonglegs]

My husband owns a flat that we let out. There was a garden wall at the front of it but this fell down suddenly about 18 months ago. Since then the freeholder (who is very difficult) has refused to replace it saying that it is too expensive but also refusing to allow us to pay for a new one or put up a fence.

About a month ago the freeholder, whom we are in dispute with over various other issues, did put up a "fence" - one of those that you sometimes find in parks, it is made of untreated wooden sticks about 4ft high spaced out with wire. It looks awful. Is there anything we can do to have it replaced? Is there an obligation to replace like with like? It looks as if it is temporary but, given f/h's attitude, I doubt whether it is. We want to sell once we sort out all the legal issues, this would seriously put people off.

[Resolution]

Always go back to the lease in these instances. It will regulate the relationship between leaseholder and freeholder, and sort out responsibilities.

There is a mechanism for the leaseholder to buy the freehold. I am sure there have been other threads about this.

[lalalonglegs]

For complicated reasons I can't buy the freehold and the lease says that the f/her is responsible for the maintenance of the various bits and pieces including such things as the garden wall and fence but it doesn't say whether there has to be a like-for-like replacement. I can't describe how awful this fence looks and it would be hugely detrimental to the value of the flat - kerb appeal = 0.

The f/her does seem to be trying to make life very difficult for us in various ways and we want out when we get the other issues sorted which we thought we were close to doing (turns out we're not ). I don't know if this is something we can force through or not. Any other advice please - it's the equivalent of the f/her removing your windows because they needed replacing and just putting plastic sheeting over the hole instead...

[Resolution]

Presumably the F/H will be able to charge you for the works in any event - you presumably pay a service charge. I think there is a procedure to go through if you want to appoint an independent management company.

The answer will be on here somewhere.

www.lease-advice.org/publications/documents/document.asp?item=7

[lalalonglegs]

I can't appoint an independent management company either . Thanks for the link.

[QueenofWhatever]

I'm in a slightly similar situation but I am the freeholder. My leaseholders are being very difficult and harrassing and threatening my tenants, so I have taken legal steps and investigated the lease side of things.

My lease does not say I have to replace like for like and also the costs would be shared. If it is just the two of you (as it is in my case), it can be virtually impossible to find a managing agent to take it on.

I don't charge a service charge, just a nominal £50 a year for ground rent. Are you in London by any chance? There seems to be loads of these sort of properties. It's fine when you're dealing with reasonable people, but a nightmare when it breaks down. My leaseholders are in endless trouble with the police and there's lots of domestic violence between them, so I take comfort that it's not just me.

[sneezecakesmum]

Could you just put some nice inexpensive trellis up to the main posts and grow climbers? It would at least look less hideous!

[lalalonglegs]

No, we can't touch it without major ructions.

[iheartdusty]

'maintenance' usually means like-for-like, or a more modern equivalent where technology has moved on (eg modern plasterboard not lath and horsehair). But it always depends on the exact words, and the rest of the sentence they appear in.

have you spoken to the leasehold advisory service?

[lalalonglegs]

That's interesting, dusty. I have emailed my query to the LAS but am assuming it will take a while for them to reply (it is an organisation that seems almost too good to be true).