Housing and Fence Costs: Legal Advice

Questioner

Should the housing association contribute to the cost of a fence if there was no tenant living in the home at the time of the damage?

Lawyer

A tenant has obligations to maintain a fence and garden. If the damage was caused by neglect and you are a subsequent tenant, it is usually the case that you take over this damage, accept it when entering into the rental agreement. However, you do not have to repair at your own expense, but you can leave the house with fence in the same condition. If the landlord wants the fence to be repaired, he can do so at his own expense. Replacement and major maintenance are also for the landlord.

Questioner

I think I had my doubts wrong. During the storm in January this year, the fences on both the left and right sides of the back garden were completely blown away. We are the buyers, there are tenants on the left, with whom we share the costs of the new fence. The previous tenants on the right left in December. So the house was empty at the time of the storm. When I called the housing association to ask if they would contribute to the new fence, the answer was no. There was no prospect of new tenants (the house is still empty now). We either have to wait to install it until there are new tenants and then discuss with them whether they want to share the costs, or install a new fence now and hold out our hand when there are new residents. The housing association says that they have nothing to do with property boundaries. I would think that as an owner you are at least responsible at the time of vacancy? What was striking: at first they thought the fence had only blown away and could be put back. They DID want to send someone over for this... I hope it is a bit clearer now. PS: before the last neighbours moved in, the house was empty for almost 2 years. So I am definitely not going to wait for new neighbours to move in.

Lawyer

The landlord owns the land and everything on it and must, based on the law of neighbours, contribute to the replacement of a joint property (the fence). Whether or not there is a tenant in the house is not relevant. If necessary, I can assist you by helping to formulate a good letter so that the landlord will cooperate. Please contact me for this.