SMF - Just Installed!

landlords duty to repair a fence on a tenanted property.

Started by Rosie, July 21, 2019, 01:46:31 PM

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Rosie

The tenancy is only 10 months old. Child next door has damaged the fence by kicking his football against the fence. The fence needed one post replaced originally. I am being asked to replace 80 ft of the 6ft high close board. Very expensive not caused by me. The tenant could have stopped the damage by discussing the situation. The parent should have intervened. I do not want the cost as I am fulling committed at this time. My tenant has 3 small dogs, the child is allergic to dogs. I stupidly allowed the tenancy to begin instead of selling. The rent is less than 5% of capital value. These people needed a home so I am reluctant to end their tenancy. There is a stated yearly increase so the % return will improve in time.
As I am not required by law to fence any way should I suggest they share the cost between them or fix what is there.?
Yes a silly mistake but interested in other peoples' opinion.
Business head or humane heart?. Told you I am better with old houses needing love and care. They repay the effort!  Rosie.

Mortimer

In fact, in the circumstances you may well be required by law to fence.  You definitely need to take prompt action to protect that child from the dogs.

Check whose the fence is.  If it's the neighbour's, happy days, and write to them asking them to fix it within 14 days.  If it's yours, then write to them asking them to contribute to the cost of the fence their child has damaged.

Do not inflict any costs on your tenant for the neighbour's child's behaviour.

Simon Pambin

Who's asking you to replace 80ft of fencing? That's a lot of close-board! If the rest of it isn't on the verge of collapse, then it's fine just to fix the bit that needs fixing.

And maybe paint "No Ball Games" on the neighbour's side. :)