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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The property next door to me is tenanted. The agent (who represents

Customer Question

The property next door to me is tenanted. The agent (who represents the owner) is refusing to repair their fence which is leaning on my shed and has damaged a retaining wall in my garden. Also the shed in their garden is not on solid ground and has probably caused a lot of the problem.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

I need to know where I stand legally both in terms of the broken fence and damage to my wall. I am worried that damage will be caused to my shed If nothing is done in the near future. Is the owner of the property (or the agent acting) legally entitled to refuse to make the repairs?

Customer: replied 2 years ago.

Just to let you know that my internet closed down and I cannot retrieve my page. Please reply via my email. Thank you.

Customer: replied 2 years ago.

I am still waiting for a reply, some 2 hrs have passed.

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

I see the expert has opted out - do you still need help?
Customer: replied 2 years ago.

To Alex Watts


Yes I still need help. I cannot rate the service as I have not had any so far.


One further point to mention is that it has been confirmed by my deeds (a copy of which was given to the agent although I was not obliged to do so) that the fence in question is their responsibility as is the shed which is on their property.


Not sure where you are based but the est time shown above was not UK time!! If you are based outside the UK then you will probably not be fully aware of UK laws. Please advise. Thanks


 

Expert:  Ash replied 2 years ago.
Assuming the fence belongs to the neighbour you need to write to the Landlord or the Landlord via the agent and ask that it is fixed within 14 days or that you will get it done and bill them for it.

Then you need to get a number of quotes for doing the work (if they refuse) and pick the cheapest, this will be your loss. You can then get the work done and ask the Landlord (or via agent) for payment.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

First of all, I am a pensioner and do not have funds to make repair or go to court (why should I anyway as it is their boundary fence that is causing the problem). Secondly, I do not have access to fence because I cannot move my shed and their shed backs on to mine which I believe is part of the problem. As mentioned before, I do not think it is on secure groundwork.

Expert:  Ash replied 2 years ago.
If you are a pensioner then you can fill the forms out instead of going online. You are likely to be entitled to see remission. This means you could claim the cost of repair having got the quotes beforehand so won't be out of pocket. Or you can ask the judge to order that the owner carries out the repair.

Therefore that is the order you should seek that the Judge orders the owner to carry out the repair.

I hope this helps.

Alex

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