How To Enforce Positive Covenants?

[Barquentine]

Our terraced house title deeds say we have responsibility to maintain the fence on the North East boundary - so we repair the fence in the back garden between us and no.67.
Our neighbour at no.63 has a similar covenant in her deeds (which I got from the Land registry) - i.e. the north east fence is hers to look after.
The winds two months ago mean that fence is now leaning precariously into our garden.
She lets the house out to some nice people but her property is in a very poor state of repair. I have written twice and telephoned but nothing has been done.
Anyone know how I would go about enforcing a positive covenant in her deeds between original parties in a conveyance to which she was not a party?
I could just report her to the council as a slum landlord but don't want to cause trouble for the family renting from her.

[boxtops]

Have you spoken to her tenants? They must be in contact with her. You need to send the letters by signed/for delivery - and (although others may advise) I suggest that you write suggesting that if you don't hear from her within ?28 days, you'll get the work done yourself and send her the bill. If it's presenting a hazard to your own property, I am fairly sure that you are allowed to shore up the fence temporarily yourself.

[woofgang]

If she owns the fence then she is responsible for its safety, covenant or not. As I understand it, the only person who can enforce a covenant is the person who set it up ie probably the builder, so they are quite hard to enforce. if the covenant only says "maintain existing fence" and there is no requirement in the covenant to have a fence at all, it may be that she would just take the fence away.
"slum landlord" means a bit more than bad state or repair!

[boxtops]

good point, woofgang - it's only her fence fallen over, as it has done for many people in this bad weather. The landlords' building insurance may cover fences. You can't call her a slum landlord, I didn't spot that bit!