SIMBACUBS Posted June 19, 2012 Report Share Posted June 19, 2012 Good morning, I rent out a 3 bed semi, and recently dismantle a very diplated bounding fence. I spoke to the neighbour before hand and he agreed the fence needed dismantling and we would share the cost to erect a new one. After I dismantled the fence (by myself as he didn't help me!) he then informs that he is unable to pay towards a new one because he cannot afford it, leaving our two gardens wide open. The tenant of my property is now complaining that his dog is coming into the garden and using it as a toilet, also the dog chased the cats through my tenants cat flap scaring his 14 month son. Apart from the safety issue with dog mess in the garden and my tenants child unable to use the garden, his garden is very unsightly. 3 questions... 1. Am I still responsible to erect a new fence for my tenant even though the fence is a shared fence and he's under to pay for it in the near future? 2. Can he be forced to pay towards for a new fence? 3. If I am not liable to erect a new fence and can wait until he can afford to help, where do I stand legally in stopping his dog from using my tenants garden as a toilet? I ideally would like to erect a new fence but don't see why I should pay for the complete job and let him sit back, not pay for anything and receive a nice new fence. I look forward to receiving a postive reply and thank you in advance for any advice received. Regards Link to comment Share on other sites More sharing options...
Richlist Posted June 19, 2012 Report Share Posted June 19, 2012 I look forward to receiving a postive reply.... I can't guarantee any reply you receive will be positive. 1. Am I still responsible to erect a new fence for my tenant even though the fence is a shared fence and he's under to pay for it in the near future? Assuming your property is freehold then your deeds may indicate who the fence belongs to. Alternatively when you purchased the property your solicitor would have attempted to find out who owns the fence. What makes you think its a shared responsibility ? So you may never have been 'responsible' for single handedly erecting a new fence. 2. Can he be forced to pay towards for a new fence? No 3. If I am not liable to erect a new fence and can wait until he can afford to help, where do I stand legally in stopping his dog from using my tenants garden as a toilet? He is responsible for ensuring his dog is not a nuisance irrespective of who own/ is responsible for the fence.....contact your local council who will enforce as such. I ideally would like to erect a new fence but don't see why I should pay for the complete job and let him sit back, not pay for anything and receive a nice new fence. If its your fence then that may be your only option. Link to comment Share on other sites More sharing options...
SIMBACUBS Posted June 19, 2012 Author Report Share Posted June 19, 2012 Many thanks for such a quick response. I know it's a shared fence because I have checked my deeds, so I'm guessing from your reply I may not have a fence for some time as he cannot be forced. I did forget to mention the tenant is willing to pay half (his half) towards the cost of erecting a new fence. But as I mentioned in my previous post his garden is very unsightly and has plants, trees and ivy bushes which are growing out of control and subsequently caused the damage to the old fence in the first place, therefore I'm reluctant to erect a new fence even if the tenant wants to pay half because it could damage the new fence erect. I'm guessing he cannot be forced to clear up his garden but the plants / trees and ivy is causing a problem. Any advice on that please? I look forward to receiving a postive reply.... I can't guarantee any reply you receive will be positive. 1. Am I still responsible to erect a new fence for my tenant even though the fence is a shared fence and he's under to pay for it in the near future? Assuming your property is freehold then your deeds may indicate who the fence belongs to. Alternatively when you purchased the property your solicitor would have attempted to find out who owns the fence. What makes you think its a shared responsibility ? So you may never have been 'responsible' for single handedly erecting a new fence. 2. Can he be forced to pay towards for a new fence? No 3. If I am not liable to erect a new fence and can wait until he can afford to help, where do I stand legally in stopping his dog from using my tenants garden as a toilet? He is responsible for ensuring his dog is not a nuisance irrespective of who own/ is responsible for the fence.....contact your local council who will enforce as such. I ideally would like to erect a new fence but don't see why I should pay for the complete job and let him sit back, not pay for anything and receive a nice new fence. If its your fence then that may be your only option. Link to comment Share on other sites More sharing options...
Richlist Posted June 19, 2012 Report Share Posted June 19, 2012 I did forget to mention the tenant is willing to pay half (his half) towards the cost of erecting a new fence. But as I mentioned in my previous post his garden is very unsightly and has plants, trees and ivy bushes which are growing out of control and subsequently caused the damage to the old fence in the first place, An unsightly garden may not be nice for you but there is little you can do. To hold him responsible for the damage to the fence you would need to prove that his garden was the cause. That would require professional opinion and expense and probably not worth the trip. I'm guessing he cannot be forced to clear up his garden but the plants / trees and ivy is causing a problem. You and thousands of other neighbours up & down the country suffer the same problem. Erecting a tall panelled fence (at your expense) to block the view, is probably your only option. Link to comment Share on other sites More sharing options...
SIMBACUBS Posted June 19, 2012 Author Report Share Posted June 19, 2012 Appreciate your replies. Thank you. I did forget to mention the tenant is willing to pay half (his half) towards the cost of erecting a new fence. But as I mentioned in my previous post his garden is very unsightly and has plants, trees and ivy bushes which are growing out of control and subsequently caused the damage to the old fence in the first place, An unsightly garden may not be nice for you but there is little you can do. To hold him responsible for the damage to the fence you would need to prove that his garden was the cause. That would require professional opinion and expense and probably not worth the trip. I'm guessing he cannot be forced to clear up his garden but the plants / trees and ivy is causing a problem. You and thousands of other neighbours up & down the country suffer the same problem. Erecting a tall panelled fence (at your expense) to block the view, is probably your only option. Link to comment Share on other sites More sharing options...
SIMBACUBS Posted June 19, 2012 Author Report Share Posted June 19, 2012 Sorry one final question, am I as a landlord responsible to erect a new fence for my tenant? Whether it's a shared fence or not. Appreciate your replies. Thank you. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 19, 2012 Report Share Posted June 19, 2012 A couple of thoughts. Similar to an owner not being responsible for leaks into a lower flat as it's a cause of nature (gravity) the neighbours plants causing damage 'may' be considered the same. We do have the right to remove foliage that grows into our area. As you have removed the fence it may be seen that you have created the situation that you now don't like. It could be said that to expect someone else to then contribute to a remedy is unreasonable. If the neighbour says he's skint you probably as well just getting the job done to keep your T happy ?? Concrete lower panels are pretty good at keeping foliage in check. Just thoughts . Link to comment Share on other sites More sharing options...
SIMBACUBS Posted June 19, 2012 Author Report Share Posted June 19, 2012 Many thanks appreciate your reply. A couple of thoughts. Similar to an owner not being responsible for leaks into a lower flat as it's a cause of nature (gravity) the neighbours plants causing damage 'may' be considered the same. We do have the right to remove foliage that grows into our area. As you have removed the fence it may be seen that you have created the situation that you now don't like. It could be said that to expect someone else to then contribute to a remedy is unreasonable. If the neighbour says he's skint you probably as well just getting the job done to keep your T happy ?? Concrete lower panels are pretty good at keeping foliage in check. Just thoughts . Link to comment Share on other sites More sharing options...
Richlist Posted June 19, 2012 Report Share Posted June 19, 2012 Sorry one final question, am I as a landlord responsible to erect a new fence for my tenant? Whether it's a shared fence or not. I have no idea of the legal position BUT......a lot of steam can be taken out of any argument by buying yourself a coil of fencing wire and a couple of stakes. Put the stakes at each end of the boundary and run a couple of lengths of wire between the stakes = boundary marked and 'fenced'. Link to comment Share on other sites More sharing options...
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