Fencing repairs

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    Fencing repairs

    My tenant will be defending against a ground 8 clause by stating disrepair, that much I am certain (they know the game and are playing it)

    I have enough evidence to refute this claim as they have purposely been making things difficult to get things repaired so am not too concerned by this.

    Saying that there is an area which is very vague in terms of who is responsible and that is the fence in the garden.

    The land registry clearly shows it as my fence and the first time it came down I arranged for it to be repaired.

    The second time it came down (a few months later) I disputed who's responsibility it was to repair and the tenant offered to repair himself as long as I paid for the wood which I agreed to.

    Since then the tenant has not got in contact regarding the fence (6 months ago) and I became aware last week that the fence is now down but they have not brought the matter up.

    I am pretty sure I am ok here as I offered to pay for the materials but seek reassurance.

    Thanks in advance

    #2
    Originally posted by Johndri View Post
    I disputed who's responsibility it was to repair and the tenant offered to repair himself as long as I paid for the wood which I agreed to.

    Since then the tenant has not got in contact regarding the fence (6 months ago) and I became aware last week that the fence is now down but they have not brought the matter up.

    I am pretty sure I am ok here as I offered to pay for the materials but seek reassurance.
    Do you have any evidence of the above? ie, how would you stand in court if the tenant's version is that he's been asking you for months to fix the fence and you've just ignored him every time?

    Comment


      #3
      This is rent arrears, g8?

      Is rent payable 4weekly?

      Does tenancy state you can use g8 in fixed term?

      You know his defence will ddelay eviction for many months?

      Please answer




      http://www.landlordzone.co.uk/forums...ll-new-posters
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        I have the email exchange with my letting agents where I advised them of the offer

        Comment


          #5
          theartfullodger,

          These aren't my questions... I am comfortable on everything else...

          Comment


            #6
            Originally posted by Johndri View Post
            the tenant offered to repair himself as long as I paid for the wood which I agreed to.

            Since then the tenant has not got in contact regarding the fence (6 months ago) and I became aware last week that the fence is now down but they have not brought the matter up.
            Did you give the tenant the money to repair the fence? Or did you expect the tenant to pay first?

            Comment


              #7
              I confirmed I would pay and then they did not respond whatsoever

              Comment


                #8
                But when did you say you would pay?

                Are your tenants keeping the rent money to pay for the repairs?

                Comment


                  #9
                  I said I would pay immediately after they asked me and requested the cost of materials be supplied.

                  The repair would have cost less than 100 pounds, they owe over 2000 pounds and from what I understand the fence is not repaired

                  Comment


                    #10
                    Originally posted by Johndri View Post
                    theartfullodger,

                    These aren't my questions... I am comfortable on everything else...
                    Really:

                    You know if rent payable 4-weekly then s8g8 is not usable & judge will chuck your case out??

                    You know if g8 ain;t specified in the tenancy agreement it ain't usable in fixed term & judge will chuck your case out??

                    You know tenants are likely to be able to spin out a disrepair claim against s8 for several months??

                    Have you also served s21 (having sorted all depsoit stuff..) as a back-stop? When does/did fixed term end??



                    Cheers!
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment


                      #11
                      Originally posted by theartfullodger View Post
                      Really:

                      You know if rent payable 4-weekly then s8g8 is not usable & judge will chuck your case out??

                      You know if g8 ain;t specified in the tenancy agreement it ain't usable in fixed term & judge will chuck your case out??

                      You know tenants are likely to be able to spin out a disrepair claim against s8 for several months??

                      Have you also served s21 (having sorted all depsoit stuff..) as a back-stop? When does/did fixed term end??



                      Cheers!
                      yes really...

                      thanks anyway

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        Really:

                        You know if rent payable 4-weekly then s8g8 is not usable & judge will chuck your case out??

                        You know if g8 ain;t specified in the tenancy agreement it ain't usable in fixed term & judge will chuck your case out??

                        You know tenants are likely to be able to spin out a disrepair claim against s8 for several months??

                        Have you also served s21 (having sorted all depsoit stuff..) as a back-stop? When does/did fixed term end??



                        Cheers!
                        to answer your questions

                        rent is paid monthly

                        it is specified

                        am hoping all the evidence I bring will answer all the judges questions but who knows

                        yes I have served a s21 as back up... fixed term ended in december and I can use this in January.. gave enough notice etc....

                        Comment


                          #13
                          Originally posted by Johndri View Post
                          I confirmed I would pay and then they did not respond whatsoever
                          So to answer my question I should be ok I think....

                          Comment


                            #14
                            Great news then: Any date on end of fixed term?? - And when s21 served??
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Strictly speaking landlords aren't responsible for maintaining fences.
                              They are responsible for keeping the property secure and safe.

                              It will depend on the facts whether the fence is an issue at all (a fence is not part of a dwelling house, but can make it safe or secure).
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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