Who is responsible for replacing the fence?

[MarbleCake]

I’d appreciate some advice please.

6 years ago the very old fence around my garden fell down after being damaged for a long time.

the landlord sent someone to clear up the old fence and eventually he came back to build a new one (it took nearly 4 months)
i was shocked and unhappy when I saw the replacement fence.
It was what I would call a farm style fence, 3 ft high posts with two horizontal planks.

It looked awful and meant i ant I had no privacy or security in my garden (the public footpath/pavement runs along the side of the garden)

what we we had before was a low fence at the back, similar to the farm fence, that isn’t an issue, but we had a full size fence along the left and right sides of the garden.

I was was unhappy with it and complained to the landlord but he said it was all he could do.

so I bought some proper fence panels and had someone put them on the inside of the farm fence, so we were able to have privacy and security.

In the terrible storms last year the fence was starting to fail and a few of the panels had to be taken down for safety, we had them put back up but the man that we got to do it said the who fence was leaning and would need replacing soon.

As as the weather gets worse the fence is starting to go and it’s leaning over considerable in a couple of places.

Both the farm fence and the fencing panels are going to need replacing as they are both damaged.

I contacted the landlord lord and he said had I not attached fence panels to the farm fence the farm fence would be perfectly fine, it’s the fence panels moving in the wind that has damaged the farm fence, so it’s my responsibility to pay to have it replaced.

Is is this right?

i know there is no law that says the Landlord has to put up a fence, I checked when the first incident happened and I know technically the panels have caused the damage to the farm fence, but I still think the landlord should put up a proper secure fence, and had he done that we wouldn’t be here now.

Where do do I stand?

[jpkeates]

A garden doesn't have to have a fence, so the landlord doesn't have to repair or replace one.
And if they do, they can replace it with one like the one they did.

They do have an obligation to provide a property that's safe for you and your possessions.
And the public footpath is something you need to be kept separate from.
But it's likely that the fence that was provided could be said to do that (privacy isn't a requirement, safety is).

I think the landlord is right about "your" fence having damaged "his" fence.

A fence doesn't sound that viable, though, have you considered a hedge?

[mariner]

You have answered your own question - LL is not resp for replacing YOUR fence panels and posts. Indeed he may have a case for you damaging his 'fence' which is part of the demised property.
You accepted the fam fence (LL solution) 6 years ago and pres did not ask LL permission before erecting your own fence.

[MarbleCake]

A hedge isn’t an option as there is no soil, the garden is half artificial grass and half gravel on top of concrete.

I did not accept the farm fence, I was very upset about it at the time and spent 3 months arguing with the landlord about it being unsuitable and suggesting/discussing many options for alternative, we didn’t want anything fancy just something secure and private, but he rejected all suggestions and told us we could do whatever we wanted as long as we paid for it.
during this time our garden furniture and barbecue were stolen from the garden and we believe someone attempted to break into our back door but the landlord said he couldn’t provide anything else.

We purchased the fences panels and had them put up because we felt we had no other option and it was the only way to secure our house and give our garden privacy and make it usable.
attaching the panels to the farm fence was our only option as we were unable to have new posts put in.

We do not have the money to replace the fence, or take down and remove the fence as it falls.

I’m really worried about the safety and security of our house and garden.
Im also worried because if the fence falls outwards it will fall onto the footpath, which is unsafe.

we are good tenants and never ask for anything, even if something needs to be repaired, we always sort things out ourselves.
The fence and our gas safety check are the only things we have even asked of the landlord in the entire time we have lived here.
We like the house but the landlord is somewhat difficult, we learned very quickly that he does not want to ever have to spend any money on the property, going as far as to leave us without a gas safety certificate for months just so that he can get it done cheaply by his friend who is very difficult to arrange an appointment with.

I know now none of that matters but I just feel like sorting out a proper fence should be something that the landlord should be responsible for.
At the very least he should have it made safe.

Thank you you for the replies.

[spiritdreams]

Unfortunately landlord is only responsible for keeping the fence in good repair.

If you don't like the type of fence being used there is nothing you can legally do to force the landlord to choose the type of fence you like.

In your case I would remove my own fence and ask landlord to repair theirs, let them fix their fence, then put my fence back up?

[jpkeates]

Unfortunately landlord is only responsible for keeping the fence in good repair.

Could you supply some evidence for that assertion, which I am certain is not correct.

[spiritdreams]

Could you supply some evidence for that assertion, which I am certain is not correct.

no evidence, but between a couple of landlord associates and friends, it is generally accepted when something goes wrong with the permanent features of the property through no fault of the tenant. It is the landlords responsibility to take care of it.

This includes fences blown over by wind, slipped roof tiles, leaning trees etc. (that's why all my property gradually have all their fence posts replaced from wood to concrete), fogged up double glazing windows. This also includes cookers, extractor fans built in to the kitchen units.

I may be completely wrong and stand corrected of course, however I have never met a tenant who is willing to replace a fence.

[jpkeates]

I also replace fences - it maintains the value of the property and keeps tenants happy.

But it's not right to say that it's something a landlord has to do.
Roof tiles (and arguably damaged windows*) are covered by legislation.
Cookers, fences and trees aren't.

To take an alternative view, how many tenants maintain their fences, which then rot away?
"No fault of a tenant" is a tough test if they don't positively manage things that need intervention (and time and cost) from time to time.

I've got one property that gets a damp patch on one wall if the gutters are blocked for long enough.
If the tenants don't keep the gutters clear, who's responsible?

*Whether a blown double glazing panel is damaged is another grey area.