Jamesey1981 Posted July 27, 2016 Report Share Posted July 27, 2016 (edited) Ok, little advice from those of a legal mindset please. I live in a semi detached house and the house next to me is a Licensed HMO, there's an alleyway in between the two properties with a short boundary fence, attached to that are two gates, one for each garden. The fence belongs to my property, and it's had it, as have the two gates although the one on my side still closes, the one on the other side doesn't. I want to put up a new fence comparable to the one that's there, not planning on something like they have around a festival. I've spoken to the tenants there, they called their landlord who told them not to give out his number and refused to take my number to call me, so I've done a search on the land registry and found out their name, as well as got hold of the HMO license from the council which gives the landlord's address and the name of the managing agent. On speaking to the managing agent they're saying they don't manage the property, checked with the council and they don't have a problem with the incorrect details on the license. Would I be correct in thinking that as long as I send a letter to the landlord's address telling them that I'm putting up a new fence (which I will pay for) and giving them an option for a new gate (which I will want money for) then I have covered myself against any legal issues in the future even if they don't bother to get back to me? I'm sure they could probably still take me to court over the gate if they wanted to, but just want to know if that would constitute sufficient due diligence. I think that's pretty much all I can do to get in touch with them short of turning up on their doorstep, their number is ex directory so that doesn't help either. I'm replacing like for like at my expense apart from the gate, but their gate doesn't close, is hanging off and is (barely) attached to my fence post, so they won't be losing anything, and I will take photos to prove that in future if I need to, I'll even happily screw the knackered gate onto the new fence post, but it's still not going to work as a gate. Really don't understand why they're being so difficult, but I suppose that's the way it goes sometimes. Edited July 27, 2016 by Jamesey1981 Quote Link to comment Share on other sites More sharing options...
robbiep Posted July 27, 2016 Report Share Posted July 27, 2016 You can do whatever you like, as it is your fence. The law requires you to take 'reasonable steps' to come to an arrangement with the owner, and I'd say that you have done so. Take pictures of his property by the fence before you start, and ensure you re-instate any garden, etc. when finished. Regarding his gate : I'd take the gate off, and put it onto his property. Again, photograph of it where you put it, and the condition it is in. If he wants to re-hang it, then technically, in law, it is up to him to ask your consent to attach it to your fence. Quote Link to comment Share on other sites More sharing options...
Jamesey1981 Posted July 27, 2016 Author Report Share Posted July 27, 2016 That's what I was thinking, I'm trying to be neighbourly but there's only so much you can do before it starts getting a little ridiculous. Thanks for that. Quote Link to comment Share on other sites More sharing options...
malkiserow Posted July 27, 2016 Report Share Posted July 27, 2016 maybe he thinks you will be after some money or shared costs? Quote Link to comment Share on other sites More sharing options...
Jamesey1981 Posted July 27, 2016 Author Report Share Posted July 27, 2016 (edited) Possibly, although I did tell his tenants that I don't want any money for the fence, and even if I was after money then he could just say no, I'm only trying to get in touch with them as I'm trying to be nice, if he wants a new gate he can pay for it though. He's sounding like a bit of an oddball actually having spoken to the tenants, I'm quite glad it's rented out! Edited July 27, 2016 by Jamesey1981 Quote Link to comment Share on other sites More sharing options...
iano Posted July 27, 2016 Report Share Posted July 27, 2016 Make sure you take a lot of photographs of the current fence / gate. Just in case he turns around and says it was made of diamond or something. Quote Link to comment Share on other sites More sharing options...
Jamesey1981 Posted July 27, 2016 Author Report Share Posted July 27, 2016 (edited) Yeah I'll take plenty of photos, the state of what's there currently is pretty poor and you couldn't argue that it's serviceable, probably 30 or 40 years old, wafer thin and wobbly with more holes than a doily and loads of old bodges, its sheltered from the prevailing wind by the houses otherwise it would have collapsed long ago, a medium kick would flatten it and to be honest a kebab guff within about ten feet of it would likely be terminal. Edited July 27, 2016 by Jamesey1981 Quote Link to comment Share on other sites More sharing options...
ph5172 Posted July 27, 2016 Report Share Posted July 27, 2016 Just put up the new fence, take a few pictures of the old one, just incase and forget about it. Chances are the landlord wouldn't even remember what fence was there, all he will be interested in is ££ Quote Link to comment Share on other sites More sharing options...
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