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housing association fences

22 replies

Ifonly86 · 12/07/2020 10:39

My neighbour thinks no one either side of her can touch (as in paint/hang things) the boundary fences as they are hers, despite being erected and paid for by the housing association (our landlord). I know this is true for house owners but HA tenants too? Is this correct?

OP posts:
Davodia · 12/07/2020 10:42

Why does she think they’re hers if your landlord paid for them?

Ifonly86 · 12/07/2020 10:48

Because they surround her garden and she’s responsible for reporting any repairs for these specific fences

OP posts:
Davodia · 12/07/2020 10:51

If she’s responsible for them then presumably the fences belong to her house?

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Ifonly86 · 12/07/2020 11:23

They do, but as they are owned by the HA I’m struggling to understand how they are hers when it’s a rented property and she hasn’t paid for them. Surely the HA would ignore any reports as they are all their fences technically and it wouldn’t hold up in a small claims court?

OP posts:
Davodia · 12/07/2020 11:26

The fences belong to the house. She rents the house, therefore she also rents the garden and the fences and anything else that belongs to the house.

PanamaPattie · 12/07/2020 11:30

They are hers in the sense that she pays rent for them - just like her house. She’s paying for the use and enjoyment of the fences so she is right when she says no else can paint them or put plants in them.

Ginkypig · 12/07/2020 11:43

@PanamaPattie

They are hers in the sense that she pays rent for them - just like her house. She’s paying for the use and enjoyment of the fences so she is right when she says no else can paint them or put plants in them.
This.

Just because it's ha doesn't mean she doesn't have any rights.

Private rent
Bought
Social housing

It doesn't matter the fence belongs to the garden that belongs to the house that she is paying for or even if not that she is the legal tenant of the house and by extension the garden and fence no matter who's paying for it.
Would you still think you had a point if the fence belonged to a house owner?

Now wether I think she is being difficult is another thread.

AldiAisleofCrap · 12/07/2020 11:44

You are wrong op, she rents the fences .

Ifonly86 · 12/07/2020 11:46

Ok thank you all

No because a house owner paid for the fences so they would be their property

OP posts:
Ginkypig · 12/07/2020 11:53

@Ifonly86

They do, but as they are owned by the HA I’m struggling to understand how they are hers when it’s a rented property and she hasn’t paid for them. Surely the HA would ignore any reports as they are all their fences technically and it wouldn’t hold up in a small claims court?
And sorry but this post stinks of what's she going to do about it if I do it anyway.

No ones going to take her seriously and she can't take it to court so even though she's in the right so I'm thinking of just doing it anyway and I couldn't care less about the upset I'll cause her because she's got no recourse anyway.

I hope Iv misunderstood what you have meant because morally that's a shitty attitude.

Apology if I have misunderstood.

Davodia · 12/07/2020 11:54

as they are owned by the HA I’m struggling to understand how they are hers when it’s a rented property and she hasn’t paid for them
Do you think her house is not hers because it’s owned by the HA and she hasn’t paid for it? She’s renting the house, garden and fences. The fences are hers just as much as the house is.

AlCalavicci · 12/07/2020 11:57

Is the fence on her HA land only or is it a joint fence ? Are you with the same HA ?

TBH I can not see what the issue is with you painting it , and as long as what ever you attach is not going to cause any structure problems I can not see that been a issue either
I have a nighbour on one side that rents from the same HA as me so if something went wrong with the wall it would not be a issue. On the other side it's a private landlord who according to my nighbours is the most useless twat around so I don't know what would happen if something went wrong with that one.

AlCalavicci · 12/07/2020 12:00

To be clear I obviously mean just painting the side of the fence that faces you. Not her side

AlCalavicci · 12/07/2020 12:04

Could you go directly to the HA and ask what there policy is with this , I am sure they must of had the same issue before.

Ifonly86 · 12/07/2020 12:05

You’re wrong ginkypig but thanks for the assumption
it isn’t me that wants to do anything to the fences

OP posts:
MoominKitty · 12/07/2020 12:58

Where I am the left hand fence is your homes, you are liable for repair etc, its HA too.

vodkaredbullgirl · 12/07/2020 13:04

Not another fence post Grin maybe we need a new section on MN. I could say the fence between me and my neighbour belongs to me. As ive been living here over 15 yrs. The previous fence fell down but i was the 1 who contacted HA.

TheGreatWave · 12/07/2020 13:22

Are you all HA properties? If so it will be a shared boundary and the fence will be the responsibility of both.

If not and the HA erected the fence she may be liable for any damage.

namechangedforunpopularopinion · 12/07/2020 13:25

HA used to own and maintain fences here but following a policy change it's now down to the tenant to repair and replace the HA ones as they give out. However the HA still apparently own them as it's a replacement.
HA contractors are sent out to those who can't physically do it themselves, and tenant is charged for the fence and replacement 'service.' (often cheaper to find local help)

InsaneInTheViralMembrane · 12/07/2020 13:28

Get to the point. Instead of this babble about who owns the fence, what exactly IS the problem and who wants to do what to the fence?

ParisOnWheels · 12/07/2020 13:36

You need to check your tenancy. I think in mine the HA is responsible for the ones that are external, say between the garden and car park but tenants are responsible for the ones between gardens. But in practice if I had a fence issue I’d just call them and see what they said.

vodkaredbullgirl · 12/07/2020 13:37

Each time the fence has gone, HA have always come and replaced it.

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