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Rent out a property - problems with fence

6 replies

mumsfrazzled · 01/05/2012 12:41

We have a property that we let out and the fence needs replacing as it is blown over, this fence is the resposibilty of the neighbour. We have already had it repaired once in order to rent our property as had no luck with the neighbour sorting it out.

Does anyone know what our legal position would be re this. The tenant is now harassing us to get this sorted. The property has recently changed hands so I am not sure who the owner is. I need to get owner details, not sure how.

Thanks for any advice.

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oreocrumbs · 01/05/2012 21:28

Have you knocked on the door and spoken to them? Even if it is a tenant then they should be able to pass your details to the home owner.

I'm interested if anyone has a proper answer to this question as I have just replaced both sides of the fencing at my rental property. I also didn't know who/how to contact. (I did knock on the door but they won't answer it even when I can see them inside). I just went ahead and put a new fence up as I'm getting it ready for a new tenant and don't have time to faff around - but would like to know where I stand if it happens again.

I don't know where you stand legally but IMO it will cost you a lot less to replace the fence than to instruct a solicitor, so if that is what is needed it might be a case of having to do it to keep your tenant happy.

cowboylover · 01/05/2012 22:46

I agree initially I would drop a letter in to the house or ask the current tenants as a last resort go down the legal line as it very rarely pays off unless the cost of the repair is very large.

cowboylover · 01/05/2012 22:47

Or maybe the council could help as they might have the details of who's liable for the tax if it's empty.

LIZS · 02/05/2012 08:48

You could find the new owner out from Land Registry which costs a few £ but may not show very recent transactions or via the EA who handled the sale. Otherwise you can put a fence your side of the boundary anyway as they are actually under no obligation to replace it liek for like as maintenance of boundaries is a very vague issue.

PigletJohn · 02/05/2012 11:26

You probably can't make them replace it, but you can have a look at your Land Registry documents to see if the old deeds specified any rights or duties, and if they are actually enforcable.

I'd be inclined to throw all the bits of broken fence onto their garden, and put up a very nominal and inexpensive fence such as wire netting on stakes.

If any of their old fence posts remain, leave them up to show where the boundary is. If you can stretch a wire tightly from the boundary of the house to a corner fence posts at the end of the garden it will show the boundary. Once that's done you can have hedging plants or something, if you want, or your tenant (if fond of gardening) could have sweet peas.

Sometimes a few large and unruly dogs or children encourage neighbours to look after their fences.

If you do end up paying for a new fence, be sure to paint their side in garish and unattractive colours.

mumsfrazzled · 02/05/2012 23:07

Thank you everyone for the advice, I have tried to get the address by knocking on door to no avail, think will just replace it myself as probably cheaper than going through legal way.

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