Housing advice

[Her-magisty]

Hello

I am hoping someone will be able to help with a question for me, for some dear people we know.

Someone has moved out of her council home and she has taken down all of the boundary fencing what she herself put up at one time about 5 years ago. However this woman took down the original fencing put by the people in the house next door when they moved out, and this is when she put up her fencing.

My question is: she has left the neighbor next door with no fencing at all, should she have put back the original fencing that she took down in the first place instead of leaving the boundary wide open?

Thank you

[Kati]

Re: Housing advice

Hi H-M to LB xx

Have the council told her she has to replace the fence? Has the ex-neighbour complained? Would your friend be able to put up a fence without difficulty (even if it was shorter than the old one of hers')?

[Her-magisty]

Re: Housing advice

Hi H-M to LB xx

Have the council told her she has to replace the fence? Has the ex-neighbour complained? Would your friend be able to put up a fence without difficulty (even if it was shorter than the old one of hers')?

Thank you so much for your reply.

I am really asking the question so I can hopefully help this lady out, she is in poor health.

Although the house is empty, I'm not sure what the council will do as I don't think the keys have been handed in yet. I just wondered if there was a boundary fence before and this woman took it down to put her own up, then would she be responsible for replacing it when she took hers down.

[Kati]

Re: Housing advice

What does her tenancy agreement say??
[MENTION=39710]des8[/MENTION] and [MENTION=15129]Crazy council[/MENTION] might be able to advise (I've tagged them) xx

[des8]

Re: Housing advice

As Kati suggests it will be down to the tenancy agreement as to whether the landlord or tenant is responsible for replacement of fences.
I would generally expect the landlord to be responsible, especially if it is a council estate.

It might be more complicated if either of the houses is now privately owned.
However it will also depend on the deeds/registration details which may say which house is responsible for which boundary, and whether or not they have a duty to maintain a fence or hedge or wall or whatever. For example I am required to maintain two boundary walls on my property, but the third boundary does not need to be marked by either side!

[Crazy council]

Re: Housing advice

Hi

From the tenants perspective ( of the neigbouring property ) , yes, they would have to replace the fence with one at least as good as the one that was originally there ( general tenancy rules )

usually, with council property's, the tenant would have some type of agreement to replace the fence with the council ( or they wil charge for a replacement ). If the property that the tenants was in that removed the fence, belongs to the council, give them a ring, let them sort it out.

From a landlords perspective .. ( of your friends property )

If there was a boundary fence/wall when the tenant took the property, you would be expected chase the other LL to replace it.

One of the oddities that fences/walls bring into the mix is the landlords general requirement to keep the property safe and secure for the tenant. and it can catch landlords out of there is a claim. Example ( real world ). nextdoors child/pet goes out into the garden, and injuries them-self on something in the other garden, The owner of the property whos tenant took the fence down, can be claimed against, if they have been previously notifed thats its been removed.

Best advice to the affected tenant, notify both your own LL, and the LL of the property next door