Council tennant caused damage to fence

[stigmundfreud]

We have a house currently rented to the council under the Private Letting Scheme. The tenant is not a problem, in fact she is great so no concerns there. Prior to letting the house to the council we decorated both internally and externally to a high standard. This included replacing all of the fence posts and panels on our side of the garden boundary.

The next door tenant, also council, was a lovely old lady who unfortunately passed away. The council then homed a new family in the old girls house and this is where a problem has arisen. The new family have huge dogs, not sure on the breed but the type that are very big and powerful, one of which has damaged a fence panel which is now in need of repair.

The council have said to call the police which we are not going to do as
a.) it is not a police matter
b.) it would be an utter waste of police time

The question is what do we do now? The council are saying call the police and it is nothing to do with them but that is not going to happen. I don’t personally believe it is the councils responsibility to fix it but as it is all council tenants we’re wondering if there are channels we can follow rather than claiming on house insurance, our premium going up and for the insurance company to then have to claim back from the council.

Is anyone able to offer some advice?

[Shaw Tarse]

My neighbour's son used to bang his balls against my fence!
I complained to the council!

[stigmundfreud]

Shaw Tarse said:

My neighbour's son used to bang his balls against my fence!
I complained to the council!

First name wasnt Busta was it?

We've called our PLS repersentative who insists she has left several voice messages for my other half on her phone which is odd as she has never had an answer phone service... it was her that recommended we go to the police about it which is fantastic advice isn't it?

[rb5230]

agg the council forever, eventually they will have to do something. have you put the complaint to them in writing? send it to every council department.

[Flintstone]

Do you have a get-out clause in your agreement? Would it bother them if you said you'd cancel your agreement with them or would you be the loser there?

[stigmundfreud]

Flintstone said:

Do you have a get-out clause in your agreement? Would it bother them if you said you'd cancel your agreement with them or would you be the loser there?

guarenteed rent for 3 years = no brainer. Also we have no issues at all with the tenant in the house (our house) it is the one that has moved in next door that has damaged the fence. Even if we had a private tenant the house we rent out, we'd still be in the same situation but as everyone involved are council tenants we wondered if we can keep it all in house

[Flintstone]

Might be better off asking this one in the legal forum. I reckon you'd have an answer before you finish your lunch.

[davemac250]

You are right in your assertion that the police would have no interest.

Just who would be prosecuted? The dog? on that point have you asked if the neighbour has insurance for the dogs?

Letters to the council and the next door neighbour asking for repairs to be carried out and some form of deterrent (bushes in front?) to stop it happening again.

A threat to go to small claims should bring some focus to the proceedings if your original letters go unanswered.

[Soovy]

Just fix the fence.

You don't need the aggro.


Move on.

[Wings]

Soovy said:

Just fix the fence.

You don't need the aggro.


Move on.

+1 totally agree, as a landlord myself what costs are you talking about, and what agro can you create by taking the matter further, fix the panel yourself and as the previous poster stated, move on!

[mk1fan]

It's your Tenant's problem - the Council who have sub let it to a third party - when they come to the end of the lease.

Why are you worried about it now? Is the lease coming to the end of it's term?

[Cupramax]

Shaw Tarse said:

My neighbour's son used to bang his balls against my fence!

Brings a tear to my eye just thingking about it

[stigmundfreud]

mk1fan said:

It's your Tenant's problem - the Council who have sub let it to a third party - when they come to the end of the lease.

Why are you worried about it now? Is the lease coming to the end of it's term?

I'm confused by your post.

Our house is rented to the council
the house next to it is a council house, it is the current tenant of this house that has caused damage to the fence

Soovy we rebuilt the fence last year not with cheap b&q panels and it was built to last by my builder (by mine, I mean he does all my building work). Yes I could take it on teh chin and carry on but what if your next door neighbour were to damage your car accidentally, do you take it on teh chin, repair it? I've had enough of having to take st on the chin. Probability is the chap will be decent about it and sort it all out. We've not had a chance to chat yet but in the mean time I was seeing if, as it is a council tenant, we could have just claimed directly from them and got them to fix it.

[Soovy]

stigmundfreud said:

mk1fan said:

It's your Tenant's problem - the Council who have sub let it to a third party - when they come to the end of the lease.

Why are you worried about it now? Is the lease coming to the end of it's term?

I'm confused by your post.

Our house is rented to the council
the house next to it is a council house, it is the current tenant of this house that has caused damage to the fence

Soovy we rebuilt the fence last year not with cheap b&q panels and it was built to last by my builder (by mine, I mean he does all my building work). Yes I could take it on teh chin and carry on but what if your next door neighbour were to damage your car accidentally, do you take it on teh chin, repair it? I've had enough of having to take st on the chin. Probability is the chap will be decent about it and sort it all out. We've not had a chance to chat yet but in the mean time I was seeing if, as it is a council tenant, we could have just claimed directly from them and got them to fix it.

You're making decent money out of the flat. Keep the peace.

[stigmundfreud]

Soovy said:

stigmundfreud said:

mk1fan said:

It's your Tenant's problem - the Council who have sub let it to a third party - when they come to the end of the lease.

Why are you worried about it now? Is the lease coming to the end of it's term?

I'm confused by your post.

Our house is rented to the council
the house next to it is a council house, it is the current tenant of this house that has caused damage to the fence

Soovy we rebuilt the fence last year not with cheap b&q panels and it was built to last by my builder (by mine, I mean he does all my building work). Yes I could take it on teh chin and carry on but what if your next door neighbour were to damage your car accidentally, do you take it on teh chin, repair it? I've had enough of having to take st on the chin. Probability is the chap will be decent about it and sort it all out. We've not had a chance to chat yet but in the mean time I was seeing if, as it is a council tenant, we could have just claimed directly from them and got them to fix it.

You're making decent money out of the flat. Keep the peace.

yes I know what you are saying and yes I'm going to do everything to keep the peace. The guy has already had a chat to our tenant about it and I always approach things softly softly.I'd hoped as it was all council tenants ours plus theirs that they might have had some advice/way of getting their own reapairs done much as when 2 council houses next to each otehr, one gets damage it gets repaired.

[mk1fan]

stigmundfreud said:

stuff

Did you read and understand the tenancy agreement before signing up to it?

You have let the property to the Council therefore they are your tenant. Your agreement allows them to sub-let should they choose to.

Now I assume that the tenancy agreement you have with the Council includes a clause that they are responsible for all damage to the property, excluding wear and tear, because it's reasonable for such a clause to be in a residential lease under English Law.

Therefore, regardless of who/what caused the damage, the Council will have a liability (under your lease) to sort it out. That could be either chasing the neighbour for payment, the Council paying for it or the Council fixing it.

So, as I said in my last post, it's the Council's problem to sort out. Either by, or shortly after, termination of the Lease they have with you.

Personally, you sticking your nose in mid-term over what is a small matter makes you a bad and unreasonable Landlord. Regardless of what life has dealt you so far.

You need to separate the property from being your Home to being an Investment.

Edited by mk1fan on Tuesday 8th June 18:30

[Wings]

mk1fan said:

stigmundfreud said:

stuff

Did you read and understand the tenancy agreement before signing up to it?

You have let the property to the Council therefore they are your tenant. Your agreement allows them to sub-let should they choose.

You need to separate the property from being your Home to being an Investment.

Edited by mk1fan on Tuesday 8th June 18:30

Being a Bristol based landlord, with properties let through Bristol City Council, who incidentally have differing schemes, arrangements with landlords, both on the providing of tenants, and any subsequent costs of repairs. Many such tenants are merely introduced to the landlord by the Housing Benefit Department, therefore the tenant- landlord relationship, agreement, costs of repairs are no different to a private funded tenant. The Council do have a Deposit Bond type scheme, where the Council will inspect the premises, find a suitable tenant, then carry out it’s own inventory of the premises, and stand guarantor for repairs during the usual term/period of the tenancy, which is usually 6 months.

With a number of properties in and around Bristol, through such actions and during the course of neighbours carrying out roofing repairs etc., minor damage may occasionally be caused, but keeping good neighbour relations is always top of my priorities, so I carry out those repairs, and carry the costs.

However, I absolutely agree with you, that the OP needs to realise that the property is an investment property, and for the sake of a few pounds, both doing the repair himself and carrying the costs of the same, may save him further expenses and anxieties in the future.

[mk1fan]

I understand what you're saying wings however;

stigmundfreud said:

We have a house currently rented to the council under the Private Letting Scheme.

hence my comments.

[stigmundfreud]

well went round and decided we may as well do it as there is wear and tear damage to other pannels. I very much doubt the council are responsible for damage caused by others, I used to rent and if damage was caused by neighbours or wilful vandalism it wasnt me that had to pay it was them.

all sorted now

[mk1fan]

Good to hear you've decided to take it on the chin again.

You should have read my comments slowly and carefully then perhaps you wouldn't have such a build up of stress over or complex about being taken advantage of.