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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 12273
Experience:  Solicitor
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Our neighbour is a council tenant. He is responsible for

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Our neighbour is a council tenant.
He is responsible for maintenance of the fence on his side.
Previous repairs made by the neighbour have been poor quality and very unsightly.
The fence (some 40 meters of it) is now in a very poor state, beyond reasonable repair, leans into our garden resting on trees, bushes and a pergola on our property.
Our neighbour refuses to discuss the issue and becomes very heated when it is mentioned.
St Albans council states it is his responsibility and that they are not responsible.
We are in the process of having our garden remodelled by landscape gardeners and the fence is blocking progress.
We are looking for help and advice on how to get this progressed with the minimum of delay.

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

What is it you want to know about this today please?

Customer: replied 2 years ago.
Sorry - that was indeed more of a statement than a question.What I'd like to know is...What are the council's responsibilities if the tenant refuses to make repair, cannot afford to make repair (he is unemployed) or makes unacceptable/unsightly repairs?From telephone conversations with them to date, they seem to feel that they have no responsibility which leaves us no avenue to pursue.Regards,Col.

You can not make the Landlord repair or replace the fence, if the tenant has rented it then it would be down to them.

It would be the tenants contractual obligations to repair if that is what is required.

However that is a matter only between the Landlord and Tenant, not you.

But in any event there is no law whatsoever which says a neighbour must have or indeed repair/replace a fence, unless its stated in your deeds.

This means that the neighbour could remove the fence and there would be nothing you could do.

As such you need to check your deeds to see what it says. But there is no legal obligation to have a fence or make him repair it.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Nothing further. Thanks for your time.

Sorry its not better news.