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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a council tenant of 29yards. The properties have garden's

Resolved Question:

Hi I am a council tenant of 29yards. The properties have garden's and for over four years the fence to the right hand-side was badly damaged and removed by the neighbour, leaving me with no boundary. My beautiful garden is no more and items have gone missing, due to the lack of security and the open garden gate to her property. A new neighbour of over 2yrs has made no attempt to replace the fence too reinstate the boundary. Not helped by the rubbish and on a number of occasions police have been called due to domestic issues, (police called by the neighbour herself) I have written to the council since August 2014 pictures sent as proof. However the council state the responsibility of back garden fences was that of the tennets and suggest I pay the full costs, given the current neighbour is unemployed! I did suggested the council should purchase and fit the fence and spilt the cost! No response has been received.
Given I do not own the property should this not be the responsibility of the council?
Your advice would be appreciated.
Ms. Lambert
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What does your tenancy agreement say about the garden etc please?

Alex Watts :

Is the neighbour also a Council tenant?

Customer:

Hi Alex

Customer:

My local council state the responsibility lies with the tenant for outside space this includes the maintenance of gardens, unless you are OAP the council will help. My point the fence is too the right-hand side therefore I feel the responsibility should be with the next door neighbour.

Customer:

Yes the neighbour is also a council tenant.

Alex Watts : What does the tenancy agreement actually say please?
Customer:

I have read the online Tenancy Agreement which state the following; 5.8(a) you are responsible for the repair and maintenance of fences, gates paths and any garden or area that forms part of the property. However in the handbook it has listed under repairs - fences and gates could be repaired. Then under the title 'examples of the repairs you are responsible for - repairing fences. I also found under costs title - Hounslow Homes will arrange for the repair to carried out and charge the costs to you. What I do not know if the fence to the right-hand side is my responsibility. Please note the original fence was not fitted by me.

Alex Watts :

Have you told them that their council tenant has damage it?

Alex Watts :

Do you know the cost of fixing it?

Customer:

The council are aware that the previous tenant damaged the fence and that the property was rented without of a fence to the current tenant. I made inquiries to the cost of 12 fence panels, not including Labour cost; £1,450. Please note the current tenant is unemployed.

Alex Watts :

Thank you. You should complain in writing to the Chief Executive of the Council. If it was a Council tenant that damaged it then they should make the tenant repair it.

Alex Watts :

Therefore you should write to the Chief Officer of the Council and make a formal complaint.

Alex Watts :

That office will investigate the matter which should hopefully resolve it.

Alex Watts :

If not then you can complain to the Local Government Ombudsman. They offer free, independent service and they can resolve the matter for you at: www.lgo.org.uk

Alex Watts :

That should fix it

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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