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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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The tennants dogs next door have damaged our fence pannels

Resolved Question:

The tennants dogs next door have damaged our fence pannels jumping up the boards to get to our dogs. They now do the same if anyone is in the garden regardless of whether our dogs are out or not. The letting agents have told them its their responsibility to repair our fence but the tennants argue that our dogs tease their dogs. The first day they arrived 1 of their dogs jumped our 6ft fence into our garden, so its understandable mine want to guard their land. A resolution cannot be achieved with the tennants as after i politely asked them not to use our drive to move their cars in and out ( they didn't see this as a problem) they have not spoken to us. Where do i go from here ? Frustrated and angry
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to achieve?
Customer: replied 1 year ago.

I was expecting the tennants to repair/replace the damaged fence pannels. We are going to have a fence/wall built between the two drivesat the front of our property. If the nneighbours drive was damaged in the process would the landlords logic work, ie its her drive, so she will pay for costs.......i dont think so somehow. So why should we pay for damage to our fence, by a third party ?

Expert:  Jo C. replied 1 year ago.
You may actually have a claim against the agents of their client anyway as ultimately they own the property and are responsible for the actions of their tenant.
You do have a claim, in principle, for the damaged panels. Dogs are animals under the control of man and they are responsible for the damage they cause.
They are clearly saying there has been a contribution from your dogs so you might find they defend on that basis. In truth, even if they did make that point it would only lead to a reduction for contributory negligence. It isn't a complete defence. They could arise it however.
Obviously though there is no way of forcing them to pay without suing. There is no way around it. People cannot be made to pay without going to court.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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