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The Private Tenant next door?

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Jessi-9 | 18:25 Tue 27th Mar 2012 | Law
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Hi all

I am truely at a loss and was hoping someone could help??

My next door neighbour moved away and has rented his house out to tenants ever since.

The deviding fence in the garden has come down and the tenants don't seem to be bothered by this. I have asked them to contact my old neighbour (their landlord) but they say they do not have contact details for him?

I used to have his number when he first moved away but it is no longer in use? I have sent letters to next door (addressed to him) in the hope they forward it but I've had no response.

How on earth can I sort this. I want the fence repaired but technically they are not responsible, the landlord is but the tenants are offering no help in contacting him.

Please offer some assistance.

Thank you
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Are they renting direct from him or is there an agent you might get in touch with?
There is no requirement to maintain a fence or even to have any fence at all.
Neither the tenant or the landlord has to do anything at all.
Only time there may be a need to maintain a fence is if there is a specific clause in the rental agreement that the fence will be maintained. ( not very likedly)
The landlord has no obligation to even have a fence there, so it really comes down to if you want a dividing fence then you put your own one up just inside your boundary line
You probably don't want to hear this (sorry), but there is no requirement for anyone to fence their property.

Even if the fence does belong to the landlord next door he/she is under no obligation to repair it.

Now if it is allowing his tenants pets/children to stray into your garden you may have some leverage to get him to repair it, but otherwise ...
Letting agents, if in use, is one possible point of contact. Might be why the tenants have no contact details.

The tenancy agreement may have the landlord's current address for him.

The Land Registry may have his updated address on it if he thought to change it when he moved (possible he didn't though). You could download a copy of the title register from the Land Registry website to check.

As a last resort, I doubt you want to incur additional cost, you may be able to find a cheap people finder on the internet on a no find no fee basis.

Have you tried any sites like Facebook or BT phone directory, see if he comes up on any of them or anyone you might know who is associated with him, family etc...
The landlord is under no obligation to fix the fence (unless explicitly stated in the deeds) even if you or they could get hold of him. He would be within his rights to just turn up and remove it completely. If you so desperately want a fence there you might have to bite the bullet and pay to have your own put up on your side of the boundary.
Question Author
Thank you everyone! Not what I wanted to hear but hey.
Its still worth pursuing it even if he has no obligation, he may be more than willing to fix it.

Firstly so as to continue good realtions with yourself.

And secondly, he might WANT to maintain & keep the property nice (who wouldnt?) but if he doesnt know he cant.

They must be paying their rent to someone (probably and agency) they MUST have his contact details or how can they pass on his rent.

Milie
Question Author
Thanks Millie

You are right, I should persue with this but I have hit so many brick walls, its a bit depressing.

The current tenants are not exactly house proud (if you get me) and really are not bothered by the look of the fence. I have asked for the agents details but they have refused.

Apart from ring every agent in the area - there's nothing more I can do is there??
How long have they been there? Could it be worth googling as if it was let through an agent it may have been on an online listing somewhere. Many are removed but if recent then there might be something or even a clue to who the agents were (part of the web address on a search etc...).

Often house numbers aren't included in ads but googling at least "house to let/rent in xxx street" or similar is worth trying.

It's worth checking whether there is any kind of obligation (albeit there is not general legal one) as you do find them sometimes, especially on some estates to keep things tidy and uniform and in leasehold properties.
why do you assume it is their fence? why shoudl they deal with it - especially if they are tenants

why do you think it is not your responsibility to fix it? have you checked?
If the tenancy started after February 1997 it will almost certainly be an Assured shorthold tenancy and it is a requirement that the landlord’s name and address appear on this agreement. The tenants will know the address of the Landlord or can obtain this information. If you do not have it write a letter to the landlord to the next-door property, addressed as

Mr/Mrs A Name landlord of:
Etc, etc

As has been said the landlord may also not be responsible for the repair to the fence but may wish to know the position.

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