Whose fault, my tenants, mine, the dogs or the neighbours?

by Mick Roberts

4 years ago

Whose fault, my tenants, mine, the dogs or the neighbours?

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Whose fault, my tenants, mine, the dogs or the neighbours?

A slightly nervous neighbour of one of my tenants, who has dog, sent me this video of my tenants dog. Whose fault, my tenants, mine, the dogs or the neighbours?

My tenants dog and their neighbours dog don’t like each other.

My tenants neighbour got the shock of her life when she decided to gather evidence.

Who do you think is in the wrong here?

Click on the video to watch.

Thanks

Mick



Comments

Mark Alexander

4 years ago

Hi Mick

Definitely not the dogs fault.

It is quite clear that the fence is inadequate and needs to be secured.

It is also clear from the video that the fence belongs to the neighbour. This is based on "fence etiquette", i.e. the owner doesn't get the pretty side. Therefore, the batons face the owners side.

My conclusion is that it is the neighbours responsibility to fix his fence.
.

Mark Lynham

4 years ago

As Mark says the fault lies with whoever has responsibility of the fence as it clearly needs replacing.
To be fair by looking im unsure as i suspect on that style of panel there are batons on both sides but as you own one of the properties then its not going to be hard to find out.

Michael Barnes

4 years ago

If you didn't give your tenant permission to have the dog in your property, then the tenant is at fault.
Otherwise:

If the fence belongs to you, then you are responsible for it's upkeep.

If the fence belongs to your neighbour then he/she is responsible for its upkeep, BUT it does look from the video as though some damage has been done from your side before the dog came through in the video; therefore there might be some blame attached to you or your tenant.

If it does belong to your neighbour, then you might as a good will gesture want to contribute financially towards the repair. But if you do then you need to make it clear in writing that this is due to damage caused by your tenant and that you are not taking responsibility for the maintenance of the fence.

As mark L pointed out, it looks like more than just the one panel needs replacing.

Monty Bodkin

4 years ago

I don't think a 50kg rottweiler/staffie repeatedly launching itself at the fence is reasonable wear and tear, whoever owns the fence.
It's a garden fence not an animal pen.

G Brown

4 years ago

I'm not an expert on boundaries, but I'm pretty sure that you'll need to check the title deeds to see who is the owner of the fence, not just rely on whose side the posts are. It does look like the neighbours fence has blown off though and is lying on the ground. We all agree that the fence is in need of repair, even before the dog appearing to come through it. I hope there are no children around if that happens

Mick Roberts

4 years ago

I would say the dog & the owners fault, I was defending him earlier, but after seeing this video, says it all. I shun’t laugh, but like a horror movie.

I went halves with the neighbour on the fence approx 7 years ago, she used her builder, me not knowing till afterwards crap panels.

My tenant not got permission to have dog, but none of my tenants do & they all have dogs.

She ringing me after hours, late at night etc., so making me think I’m not bothered unless she rings me in sensible hours to discuss it, but after seeing this video, I do sympathise with her. And my tenant joiner mate is gonna put some proper strong panels in-Hopefully.

Monty’s comment about sums it up in correctness.

Barbara Thorning

4 years ago

Dogs are the result of whoever is on the other end of the lead.
If both sides have dogs, who don't like each other, isn't it in both of their interests to contribute towards a secure fence? The panel doesn't look that good in the first place, or the one next to it. One each?

Mick Roberts

4 years ago

Reply to the comment left by "Tilly Mint" at "12/08/2014 - 16:51":

I agree, I have just spoke to the neighbour & mentioned that if she is having the problem, why doesn't she pay for the stronger fence?

But me being me & getting sentimental in me old age, have decided that I will borrow my tenant mate the money for 4 strong panels, & he pay me back in 9 years time.

That's when I can get hold of him that is, as I think his phone been cut off again.

Barbara Thorning

4 years ago

Reply to the comment left by "Mick Roberts" at "12/08/2014 - 17:20":

That's nice of you!

Janet Carnochan

4 years ago

I pay to maintaine all fences.. I don't ask for a penny from neighbours. That way I put up what I want, no arguments, I know the quality and I know the tradesmen so know it is done right. I also treat it myself so make sure it lasts. I think it works out cheaper in the long run.

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