Garden Fence

[Guest]

I wondered if you could give me some advice 2 weeks ago we replaced 9 garden fence and posts to our garden at a cost of £960.00. yesterday when we came back from work our neighbour had painted his side grey and it has come through our side, I spoke to citizens advice who told me to speak to his landlord, our property is owned by ourselves, his landlord has called me and said their is nothing they can do they have spoken to him and he had admitted he has done it, he did not ask our permission, what action can I take against this as the fence is now an eyesore any advice would be apprecated. Is this clased as criminal damage?

[des8]

Well he should not have painted it without your permission, and although it was not done with the intention of damaging the fence, there probably is an offence under the Criminal Damages Act 1971.

However it is most unlikely there would be a prosecution, and even if there was it would not restore your fence to how you want it.

You will not be able to hold the landlord liable for the damage to your fence, which has been caused by the action of his tenant.
The tenant should pay to restore your fence to the condition it was in prior to the attack pf the paint brush.
However you need to ascertain if he has the wherewithal to pay before launching a legal attack.

Have you spoken to him?
Could he afford the fence be repainted your side* at least to an acceptable colour?
Could planting assist to disguise the problem?

*