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Fallen down fence, Landlord will not fix.

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gazbags | 20:05 Wed 02nd Apr 2008 | Law
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My mother is a sitting tennant in a bungalow paying a nominal rent. Her husband (now deceased) lived in the bungalow for about 40 years. Her back garden fence fell down and a builder estimated to put a new one up would cost appox �800. My sister asked the landlord could he fix the fence? He shouted" She is only paying a peppercorn rent she can fix it herself and then slammed the phone down.

Can anybody tell us where we stand on this. My mother is regisrered disabled aged 79 and this is worying the life out of her.
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th elandlord is not under any obligation to put a fence up at all. You can have nothing on your boundary should you so wish
�800 for a fence?!! I wouldn't put one back up either!

As Bednobs says, there is no legal requirement for a fence (or hedge or wall) along a boundary so the landlord doesn't have to replace it.
First of all, I have to admit I'm not an authority on the older assured or protected tenancies as there are so few around these days but, based on my knowledge of the newer shorthold tenancies I dont think the landlord can simply let the property deteriorate around the tenant. With a more up to date tenancy you could get 3 quotes for the work and choose the best and get the work done yourself and deduct from the rent (might take a while I understand if its only a nominal rent) or ask the landlord to recompense you and eventually taking them to Court if they dont.

I have to stress this would be for an assured shorthold tenancy. I dont know if the agreement your mother has would change this. I dont often recommend Citizens Advice as they sometimes give very poor advice but it might be worth trying them.

�800 does sound a bit steep unless its a very big fence.
surely that is only for ESSENTIAL repairs though. Havibng a fence is not essential either in law or in practice, unless, for example there are sheep in the next field etc

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