Should neighbour pay for fence repair?

[veedee]

In March 2023, my neighbour was doing some renovation works.

One day, one of the tradesman damaged our fence/post which separates our garden.

I took pics and went over to ask them to repair it.

The tradesman made multiple attempts at a repair. Weeks later he did a bodge job (fence was not completely straight and post had some play).

I let it go but could see that that the other fence adjacent were affected.

Well last week we had some gusty wind and the fence adjacent to the previously damage one has completely come away from its post.. And it's only a matter of time before the other posts/fence come down.

What i would like to know is whether, i am entitled to request that the neighbour either repair the fence or whether i can repair and make a claim through the small claims court?

 

[cross thread]

Surely the first thing would be a conversation with your neighbour. Is it your fence ?
my property according to the deeds I am responsible for the left fence .

 

[veedee]

Surely the first thing would be a conversation with your neighbour. Is it your fence ?
my property according to the deeds I am responsible for the left fence .

Yes, it is my fence.

The neighbour is actually a tenant. I believe that the landlord is a company that provide social housing.

When the fence was originally damaged last year, i ask the tenant to inform their landlord/builder.

After multiple unsuccessful attempts were made to repair the fence, i informed the neighbour to ask their 'builder' to come to my property for a chat.

We agreed on a date/time and nobody showed up.

Instead, the builder just did another bodge job, until the wind did its damage.

My point being that I am happy to have. Conversation, but can the renters really help? Also, when i tried to establish contact with the builder, they ignored this.

Do i need to send a letter to the landlord direct?

Do i have a case to claim, as the original damage occurred nearly a year ago?

 

[cross thread]

Landlord is the next step. was the fence in good condition before the work ? A lot of fences get damaged in high winds.

 

[veedee]

Landlord is the next step. was the fence in good condition before the work ? A lot of fences get damaged in high winds.

The fence was solid as a rock.

As far as i am concerned, the builder damaged the fence and post last Spring. He did a poor repair job, which weakened the adjoining fence/posts.

This has culminated in the fence/post two rows down being damaged by the storm.

It is only a matter of time before the others start to go as well.

When I contact the landlord am I informing them of the situation? Demanding a repair? Time frame?

 

[Mike13]

It will most likely need small claims court against the landlord, but you still have to start with a written claim to them. make sure you have all necessary pics saved somewhere before you start.

 

[Deleted member 267285]

When I contact the landlord am I informing them of the situation? Demanding a repair? Time frame?

I would lay out the situation to them providing any evidence. I wouldn’t say at this point demand a repair or time frame, as this could just get their back up, you need to give them time to respond if they know nothing about it.

 

[aveatry]

As I read this - 1 post and 1 fence panel was repaired and you accepted the repair then 12 months later a different part of the fence has suffered storm damage whilst the repaired one still stands. IMO I do not see how the landlord is responsible in this case.

 

[foxhole]

Small claims court will still require evidence. Can you prove what you have stated?

 

[johnny2007]

The key point would be that you expressed your disappointment in writing about the repair.
If you haven't done this, the landlord will most likely say that this is storm damage and nothing to do with the bodge repair.
Try speaking/writing to the landlord and if no joy, use your house insurance (if you have one).
If you start a county court claim, they will put you to strict proof that the bodge repair caused the rest of the fence to fail, so you'll need evidence of this.

 

[aveatry]

The key point would be that you expressed your disappointment in writing about the repair.
If you haven't done this, the landlord will most likely say that this is storm damage and nothing to do with the bodge repair.
Try speaking/writing to the landlord and if no joy, use your house insurance (if you have one).
If you start a county court claim, they will put you to strict proof that the bodge repair caused the rest of the fence to fail, so you'll need evidence of this.

I don't see how the bodge repair can still be standing but it caused the other posts to fail.

 

[johnny2007]

I don't see how the bodge repair can still be standing but it caused the other posts to fail.

Exactly.
It would be difficult for the op to prove that the bodged repair caused the rest of the fence to fail.

 

[carmanmemoranda]

I let it go but could see that that the other fence adjacent were affected.

You let it go.

12 months later wind has affected another part.

I think you will struggle to get a result you are happy with.

But 1st step has to be a conversation, or polite letter asking to discuss the matter