can i sue council for negligence and how do i go about it?

[agray35]

back in march i got offered a new council property and went and viewed it. i complained about the back fence as i have 5 children and it was falling down and being held up by a door. 2wks ago i finally moved into the property to find the fence still the same. i have been uo to the council a few times to report it as a repair, on friday i was told the HMO has been out and seen the fence and has removed it from repair as it in their opinion is satisfactory. I have taken pictures of the fence and showed a government H&S executive and they confirmed the fence is NOT satisfactory. on saturday i ended up in A&E with my teenage son as while bringing in my washing caught his foot on the door and went over on his ankle athough the injury was minor it could of been a lot worse and it could of been my 4yr old. i have picked up a claim form from the council but i am unsure whether i should get a solicitor involved to handle it or just fill in the form and leave it in the councils hands??

[dothawkes31]

Read your tenancy agreement, I am sure it will list the repairs that your landlord is responsible for, any legal eagle , even one as crap as sara : ), will tell you to do that and then get back to them, if it is in writing in your signed agreement that they will repair fences then try seing them. (keep your child in whilst it takes 2 years to get anywhere)

[agray35]

barmaid............the door is propped against the fence it sits just beside my washing line. he was bringin in my washing and just caught the door with his foot and went over on his ankle. xray was clear just badly sprained, strapped up and takin painkillers. i would be happy if they would just come out and do their job

[joko]

oh tsk tsk 4getmenot...correcting people...then writing "grammer"...oh dear...;o)

agary...i dont think you can sue...but you could write a letter requesting again that it be fixed, include pics of your sons foot an fence etc...and 'imply' that next time you will not let it go...they can only say no

[sara3]

oh Dot, you're such a sweetie :o)

[Barmaid]

Oi Dot! I am equally as crap as Sara!!! And she's ignoring me. So I give up.

[sherrardk]

I think she likes me though!

[B00]

lol im being ignored too barmaid.

Perhaps we aren't talking correctly? I'll give it a whirl....

'innit....'

[sara3]

Barmaid, don't be so hard on yourself. you're not quite as crap as I am.

sherrard, you should offer your avatar to angry.

[jackthehat]

Tell him to bring the washing in from the 'other' side of the line, in future.........

[sara3]

oh poop.. *agray!

[dothawkes31]

I knew that Barmaid but I didn't want to tarnish any respect agray might have for your opinion : ))

[mike11111]

This was your original question:
"...but i am unsure whether i should get a solicitor involved to handle it or just fill in the form and leave it in the councils hands??"

Answer: fill in the form and leave it to the council. If you are dissatisfied with the council's response, then is the time to consider alternatives. Have you considered contacting your local ward councillor for help? That's what they're there for.

[sherrardk]

Can't do that - I've got 5 kids too!!

[B00]

Bet you have a lovely garden fence though sherrardk!

[dothawkes31]

Have you read your tenancy agreement now agray? What does it say about repairs?

[carrot99]

what about the children's dad(s) - couldn't he(they) help to fix the fence?

[sherrardk]

Well it's not going to fall over and injure anyone.

[micmak]

Where did this compensation culture come from. Don't tell me I already know. Get up off your bum and repair it yourself. (This could be one for Jeremy Kyle next week folks)

[dothawkes31]

oooooooooo Jasper, stereotyping lol

[agray35]

dothawkes31...i have read thru all booklets and leaflets i got in welcome and tenancy packs, if i erected the fence i would be liable for the repairs etc but fence was already there