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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

New fence has fallen down - am I liable to pay?

44 replies

Darcy2 · 23/02/2022 09:56

We paid £3000 in May 2021 for a new gate, and our back and side fence to be replaced through a local company. The company then sub-contracted the work (with our knowledge and consent) to a tradesperson. There were 11 panels in total - quite a lot of money but we thought we'd get at least a decade out of it! Lo and behold the storms have battered us, with one wooden post and panel falling, whilst the other 10 panels are all teetering / leaning.
We messaged and sent pictures to the company that we used (the contractor, not sub-contractor), who have said "well it has been windy", so there would be an additional charge to have repaired. They also said that it wouldn't be unreasonable to go through our home insurance!

I flatly refused to pay to have the same guy come out - if he couldn't do the job properly in the first place I'm not paying for him to do it again! We had a local landscaper come out to quote us on repair (quote still pending). When he came, he said it was a really awful job, as they didn't use long enough fence posts, didn't cement them in, didn't screw the panels to the posts and didn't use a base next to the soil, so our 9 month old panels have already started rotting at the bottom.

We have gone back to the original contractor with this feedback who are now ignoring our messages.

My question is, AIBU expecting them to come and repair / rectify their shoddy work? I'm not sure legally where I stand. Or should I just suck it up and get another tradesperson to fix?

OP posts:

endofagain · 23/02/2022 09:58

Trading Standards?

ShinyHappyPeephole · 23/02/2022 10:01

Fence damage due to storm isn't covered by home insurance

Trading standards wouldn't really apply but you could put a case together to go through small claims court.

Send them at least 2 registered letters that they sign for giving them the chance to fix it and respond before pursuing small claims.

SparklyLeprechaun · 23/02/2022 10:02

YANBU but are you prepared to take them to court to fix the problems? I'd personally claim through insurance.

Singlebutmarried · 23/02/2022 10:03

Do you have the original quote?

If so does it state number right panels, length of post and does it mention gravel boards?

If the posts used are not those in the quote then call the legal cover on your house insurance and see what recourse you have there.

SniggleSnarf · 23/02/2022 10:04

We are in exactly the same position! We are just buying stronger fence posts and having help from family to concrete them in properly this time! So disheartening, but at least we know they are going to be done properly this time. Good luck

Soontobe60 · 23/02/2022 10:07

Erm… you do know there’s been a whole series of heavy storms this past week don’t you?
This is what home insurance is for.

purplesequins · 23/02/2022 10:07

yabu
it was extreme weather and a 'better' fence might have been damaged as well.

Hillarious · 23/02/2022 10:08

We did our fence ourselves in lockdown. It was done well with posts concreted in, but we still have a wobbly fence post because of the wind. It's been quite strong recently, and not really surprising that we'll need to do remedial work.

MillyMollyMandyMaybe · 23/02/2022 10:09

@Soontobe60

Erm… you do know there’s been a whole series of heavy storms this past week don’t you? This is what home insurance is for.

Fence damage isn’t included in home insurance.

It sounds like this was never put in properly - there is no way a timber post will have rotted away to the point of falling in less than a year.

Keep going back to them to put it right.

SnotMikeUpPuffedHe · 23/02/2022 10:10

@Soontobe60

Erm… you do know there’s been a whole series of heavy storms this past week don’t you? This is what home insurance is for.

Home insurance doesn't usually cover storm damage to a fence.

LIZS · 23/02/2022 10:11

Ours was solid for about six years and the December and last weekend storms have taken out four panels. I felt disappointed in that let alone 9 months. Write to the contractor asking them to rectify within a specified period.

BakeOffRewatch · 23/02/2022 10:13

long enough fence posts, didn't cement them in, didn't screw the panels to the posts and didn't use a base next to the soil

This was your issue before they fell over. Not cementing them is awful, that’s one of the main reasons I would pay someone else!

Gizlotsmum · 23/02/2022 10:14

Did the fence they put in meet the details of the fence they quoted? If so I think you probably have to accept that you will need to get it repaired at cost. Our old house had a nightmare fence but we knew we hadn’t asked for gravel boards. The fence you had didn’t show any issues until the storms, I suspect they would argue they erected what they quoted and the land scapers recommendations are for a better quality ( more expensive ) fence.

Original poster

Darcy2 · 23/02/2022 10:20

I've just looked back over the invoice and they didn't specify the exact materials they used. The guy who came out to quote said that the posts were only 3" and he would never recommend them. I've also noticed on the invoice that VAT wasn't included as it was considered a cash job... so not even sure I can legally take action now anyway!

I know the storms were bad - but my 75 year old neighbour replaced 2 x fence panels and posts 3 months ago and they're still standing strong! We're the only house in our street that lost fencing...

OP posts:

Original poster

Darcy2 · 23/02/2022 10:25

@Singlebutmarried

Do you have the original quote?

If so does it state number right panels, length of post and does it mention gravel boards?

If the posts used are not those in the quote then call the legal cover on your house insurance and see what recourse you have there.

No gravel boards discussed, purchased or erected. I just assumed he knew what he was doing!

OP posts:

FAQs · 23/02/2022 10:32

Bloody hell, no concrete bedding in and not screwing the panels, that is basic construction.

I paid £365 for 5 panels and 6 posts just over a year ago and so far (touching wood) have all held, all concreted in to soil level and panels screwed.

LIZS · 23/02/2022 10:32

I don't think your rights are restricted by them not charging vat. Plenty of small businesses are exempt. Who did you pay, contractor or sub contractor?

mum11970 · 23/02/2022 10:35

What were you quoted for? That fence is definitely sub-standard. A proper 6ft panelled fence has to have the posts concreted in. We had the same problem when the contractor cut corners and didn’t concrete in all the posts so some of the fence buckled and fell in when it was windy. We went to court over ours, but we were already in arguement over the contractor trying to inflate the price, so luckily hadn’t paid a penny anyway and the wind happened very soon after it was erected. Think we may have had a bigger fight on our hands if we had already paid and the contractor lost out hugely by trying to screw a few extra hundred out of us which had delayed payment.

FAQs · 23/02/2022 10:35

Actually that’s what I paid, neighbour contributed also, it was about £600

Pyewhacket · 23/02/2022 10:37

Go and see a lawyer,

Viviennemary · 23/02/2022 10:39

The recent storms have caused a lot of damage. You need to claim on your house insurance for this.

Itsalmostanaccessory · 23/02/2022 10:41

@endofagain

Why would you suggest trading standards when you clearly don't even know what they do?

I see trading standards suggested all the time on mumsnet. Why? They wont help you.

Trading standards do not help individuals with any specific problem. Their job is to look at complaints from consumer advice and if anything crosses over into illegal or dangerous, usually with multiplier complaints about the one company, they will investigate the company. They then might fine them or shut them down etc. That's what they do.

They dont do anything about each specific individual case. Your complaint may add to a pile of complaints and help have a dodgy company shut down, but that's all. Trading standards will not get you any money back. They wont mediate between you and the company. They wont do anything that actually helps you as an individual to get back what you lost or have work redone.

I wish people would actually understand what a service does before they advise it for every consumer problem.

Trading standards do not deal with individual complaints and do not find you a solution.

MillyMollyMandyMaybe · 23/02/2022 10:41

@Viviennemary

The recent storms have caused a lot of damage. You need to claim on your house insurance for this.

And again, unless you have some sort of special policy, such damage to fences is not included in home insurance.

mum11970 · 23/02/2022 10:44

I agree that you need legal advice. Do not just accept this, it is definitely not fit for purpose and is sub standard. Also check if there are any Associations the contractor and sub contractor are a part of because they need reporting to them too.

Viviennemary · 23/02/2022 10:47

Seems like it is dependant upon the type of policy you have whether or not fences are covered.

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