Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
The fence between my property and the neighbours blew down near the start of last year.
The fence is believed to be a shared fence as the property deeds do not show a “T” on either side of the boundary and no evidence to dispute this has been found.
The neighbouring property is owned by a housing association, so I contacted them to discuss “us” getting it replaced with a new fence and sharing the cost.
They have informed me that it is their tenants responsibility to pay for their half of the costs as that is a term they put in their tenancy agreements and to discuss it with them.
Well, to start with this seems unfair as it’s the housing association’s property, but I guess if that’s how they operate then so be it.
However, the fence was down before the current tenant moved in, so as this fence was damaged between tenancies surely the housing association should pay their half in this case?
Spoke to the tenant regarding the situation and they said they could not afford to pay anything towards the cost at present. Housing association said they spoke with tenant and said that their tenant had told them they would try and save some money toward the cost but they did not know how long this would take.
After 6 months spoke with tenant again who said they still had no money to pay toward cost.
Spoke to housing association to inform them of tenants situation and they responded with the following – “As we previously told you it’s up to the tenant to pay for their half of the fence as stated in their tenancy agreement, however, we cannot enforce the tenant to repair or replace the fence”.
So, they cannot enforce that their tenant complies with the terms of their tenancy agreement!
It has now been close to a year and I still don’t have a fence! My tenants are an elderly couple and don’t really use the garden that much, however, out of principle I don’t see why the housing association should not pay for half the cost.
Anyone have any advice or thoughts?
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