Problems With Council

[ruskorod]

Good evening all, not sure if i am posting this in the write thread but hear goes, i purchased my property which is a semi and the houses each side are council houses with the recent bad wheather 1 of the fences has blown down and when my neighbour rang the local housing repair and maintenance team up she was told that it is no longer council policy to maintain or replace broken fences, unless its in your front garden and has blown on to the road which must be a bus route, i have rang the council to confirm that the fence is there property an not mine and the lady confirmed this. does any1 have any ideas of where i stand???????? should i just repair the fence and bill the council???????? your help is appreciated.

[Bigmac versus]

Difficult one that, i know that many councils will not repair fencing that does not fall into their criteria, unfortunately this may be one of them, you could put it in writing making a formal complaint but maybe your neighbour is the one to pursue this as they are still council property.

[bmw323i]

If you take a look on your County Council website, it should list all the Landlords responsibilities for repairs, and also what the tenants are responsible for.

 

Just had a quick look on my local council website, and it does state that the council are responsible for repairs to boundary walls and fences.

 

I suppose all councils are different though.

 

 

 

Emz:D

[buzby]

It sounds as though you've bought the property from the council, so as an owner, you probably have a joint responsibility for the fence. If it is not covered in your deeds, then you'll have to bite the bullet and if you'll benefit from the increased privacy, you'll have to pay for it!

[patdavies]

If, as appears, the Council admit that it is their fence, then unless it is in your garden that is the end of it.

 

If it is in your garden, then it is a trespass and the council should take action to mitigate this trespass by removing the panel.

 

Unless written into the deeds of a property as a restrictive covenant, there is no obligation whatsoever for a landowner to erect, maintain or repair fences at the boundary - unless not to do so would cause an actionable nuisance.

[ruskorod]

but surely the council has a duty of care towards it tenents (my neighbour ) and also a duty of care towards me and my family. i have checked the deeds to my house and none of the fences are my responsility just the hedges to the side and top of the garden...... I PUT THIS SCENRIO TO THE COUNCIL THAT MY NEIGHBOUR HAD 2 BIG ROTTWEILLER DOGS AND WHAT IF MY KIDS WERE OUT PLAYING IN THE BACK GARDEN AND THERE WERE TO BE SAVAGED BY THESE DOGS. HER REPLY WAS WE CAN SEND SOMEONE ROUND TO MY NEIGHBOURS TO MAKE SURE SHE IS LOOKING AFTER THE DOGS PROPERLY!!!!!!!!!!! HAHA............. you could'nt make it up!! any 1 have any ideas about taking this further like i have said i dont mind repairing the fence if they pay me for it.....

[buzby]

No - the council has no obligation to fence its property if it chooses not to do so. If a neighbour has dogs that are not under control, then it is he who is at fault for failing to keep them under control. However, as the owner of private property that is surrounded by council tenants, why do you think there is no obligation on you? If you don't want your garden trampled over by passing dogs, then there's notihng preventing you from erecting your own, better 1.8m fence to keep them out. That's the benefit of owning your own property, you get to fix problems when you want to, not when the Council manages to send a work team out. In any event, a fence has TWO sides, you you could find they will want to bill you 50% of the cost (as it also encloses your private garden).

[ruskorod]

it's a very confusing problem has the fence affects my property and my privacy but i cant put a fence or a wall up has it is out off my boundries and on council property. I get on really well with my neighbour and she has got any dogs really i just put that to the council just to call there bluff!!!!!!!!!

[buzby]

It's not really that confusing, as you'll not be interfering with the council's missing structure. You just build your own on your property - it doesn;t have to be 1.8m (as ytou like your neighbour) something at elbow-leaning height would do. You'll not be able to force the council to repair the fence, so it will really be up to you to decide to enclose your property, and let the tenants worry about their own security.

[ruskorod]

ok thanks raymond!

[progenic7]

Noticed this thread and seeing as i have worked for the councils a while ago on the maintenance team i felt i should respond. Generally speaking if you are stood in your back garden looking down towards the bottom of the garden, the fence on the left hand side is yours (your deeds will show this for sure, but thats the rule of thumb). Assuming we are talking about the right hand fence, which is your neighbours and the councils property you yourself can hit them with a couple of tacks.

 

If you have kids then you can complain to the council and demand they repair it as an urgent safety issue.

If your neighbour has kids he can do the same !

If either of you has dogs, ditto the above.

The other way is to quote the rule book at them, yes the council and any landlord has a duty of care under the law, to provide habital property.

Definition of habital is ofcourse fit to live in, if its not safe and secure then its not habital.

I would ask your neighbour to send in a letter to head of maintenance and you do the same and you should get someting done.

If not find out who the housing officer for the area is and contact him/her !

 

hope this helps