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Fence replacement issue with flats next door

(6 Posts)
ConfusedLlama Sun 26-Feb-17 11:12:20

Hi! Our fence has fallen victim to Storm Doris, we've patched it up for now but it's hanging on by a thread and could really do with replacing. I contacted our landlord just to say that I don't think patching it up is going to pass anymore and we're having to guard the dog from escaping through the hole we couldn't repair.

Our landlord came back and showed us the deed which says that that fence is actually the flats next door fence and they haven't replaced it since the 1980s!

I was wondering if anyone could help us on how we go about asking them to replace the fence? Whether it would be a letter to the council or to a housing association? I'm not really sure on how to proceed.

Thank you in advance.

ClemDanfango Sun 26-Feb-17 11:15:40

I'd start start with the council, the flats could be a mix of private/council/HA so give your LA a call and speak to them to find out who you need to contact.

dotdotdotmustdash Sun 26-Feb-17 11:18:02

I'm not a professional but a keen reader of the Gardenlaw website and fences are an issue that crops up regularly.

The basic principle appears to be that there is no legal requirement to have a fence at all, unless the deeds specifically state it. In order to denote a boundary, your neighbour could put up some strawberry canes and a bit of string if they chose. It is, however, a legal requirement to stop your dog from straying which puts the onus on you (or your landlord if he agrees) to provide the fencing within your boundary.

ConfusedLlama Sun 26-Feb-17 11:18:22

Thankyou. I'll email the Council today, I have my landlord coming round to put a temporary fix for the hole in this week but it really looks awful all patched together and it definitely won't stand another storm.

Penfold007 Sun 26-Feb-17 11:20:05

Finding out who owns the flats is the first thing you need to do, there maybe a leaseholder. You need to bear in mind though that they are under no obligation to replace the boundary fence.

MiniCooperLover Sun 26-Feb-17 16:52:56

Shouldn't your landlord deal with the fence owner on your behalf as it still benefits their property?

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