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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir/Madam Back ground: I have a pathway leading from

Resolved Question:

Dear Sir/Madam
Back ground:
I have a pathway leading from the back of my garden to the back of my garage. The pathway is behind the next door neighbour & is bordered by a wooden fence. I use the pathway as access to my garage & to store my wheelie bins which I have to take through the garage to street level.
Problem:
About 18 months ago due to the bad weather, the wooden fence posts rotted in the ground & the fence is leaning into my pathway causing an obstruction. My access gate is holding the main support post in its upright position.
The property is let & I lost count of the amount of times I have been to the managing estate agents to report the fence. Each time I am informed the landlord has been made aware & they are unable to do any more. The estate agents also visited the property last year to view the fence.
I have sent an e-mail on 27 April to the estate agents lodging a formal complaint about the fence & the landlords reluctance to replace the fence. No reply or acknowledgement from either. I understand I will be liable for criminal damage if I remove the fence.
Could you please advise me of my options & any expenses incurred by me be paid by the landlord?
Thank you
Robert Kaszas
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has there just been no response at all?
Customer:

Hi Alex

Customer:

Thank you for your prompt reply.

Customer:

I had no response from the estate agents since sending the complaint e-mail. I was assured to get a reply within 5 working days. This has now become 7 working days & still not even an acknowledgement.

Alex Watts : Have you contacted the landlord direct?
Customer:

Unable to contact. The estate agents are managing his property & can't give his details - Data Protection Act. I own the property with the pathway

Alex Watts : Have you searched on the land registry?
Customer:

What would I search for? The back fence of the landlords property is his responsibility.

Alex Watts : But you know the property to which it related to?
Customer:

Yes, next to my property

Alex Watts : Ok the first thing is to check with the land regsistry.
Alex Watts : you can do this online
Alex Watts : http://www.landregistry.gov.uk/public/property-ownership
Alex Watts : however it may show the landlord address as that property.
Alex Watts : Then if it shows the landlords address you can contact him there.
Alex Watts : If not then you can issue proceedings in the county court and give the tenants address as the address for service.
Alex Watts : you would issue proceedings using form n1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : You are seeking an order that the landlord do the work or pays for the cost of getting it done.
Alex Watts : The court will send a copy of the claim and I am sure the tenats will pass it to the agent who will pass it to the landlord..
Alex Watts : At least that way you get it dealt wign
Customer:

Thank you. However the landlord has a history of dragging his feet & unwillingness to spend money on the property.

Alex Watts : with
Alex Watts : cam I clarify anything for you?
Alex Watts : But once the claim is issued the landlord has to do something.
Alex Watts : Either defend or get the work done,
Alex Watts : Can I clarify anything else?
Customer:

Thank you very much. Can I do these forms on my own or do I need to get a solicitor?

Alex Watts : You can do it yourself, you don't need a solicitor.
Alex Watts : Does that help?
Customer:

Thanks again, very helpful. Will give it a go. Small problem, the tenant is hardly ever in the property & any post would not get looked at for some time. Can I put the estate agents address on the forms?

Alex Watts : No you need to put the tenant address.
Alex Watts : Please remember to leave feedback before you go today.
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