Neighbours Don't Want to Pay for Fence Replacement

KingJuf on 30/09/2022 - 00:39
Last edited 30/09/2022 - 11:10 by 1 other user

Hey everyone, just want to get some thoughts regarding a matter dealing with difficult neighbours.

In August our fence has been impacted by the storms in the area which contributed to the damage to a rear boundary fence with my neighbour. Found out the month before they have it rented out and have been in contact with the owners property manager.

Basically I got 3 quotes and the property manager got one, all of my quotes were cheaper so PM took my quote to owner for approval and after 3 weeks owners have come back with the following.

"At this stage unfortunately with the current environment of high interest rates and cost of living pressures they do not feel comfortable allocating resources to this as they feel the fence is sufficient according to local government and state bylaws.
They understand you may feel inconvenienced, they are just not in a position to move forward with the proposed works."

I have replied stating that I don't believe they have sufficient evidence to deem the fence sufficient, although it's still standing it's leaning against my clothesline and internal fence which won't hold up forever and potentially result on further damage. There's also several panels that keep getting pushed out which could allow the tenants dog onto my property.

The tenants also want it replaced and know that the owners a difficult to deal with.

Has anyone been in a similar situation and/or have any ideas to come to a resolution?

Thanks

Home & Garden

Comments

  • Benoffie on 30/09/2022 - 00:52
    +3

    Not sure of the process in WA but there should be another Form to issue which basically says the work will be done, they will be liable and if they dont pay itll go to judgement in Small Claims. In SA its a Form 2. If they fail to lodge a Form 3, they wear it.

  • [Deactivated] on 30/09/2022 - 02:25

    threaten legal action as the fence is damaging your property

  • RM on 30/09/2022 - 06:19
    +8

    Just drop the fence and ask - how about now?

    • KingJuf on 30/09/2022 - 09:34

      I dont really want to leave it until the fence drops, got little kids and would prefer not the have my yard exposed to tenants dogs etc.

      • RM on 30/09/2022 - 09:35

        Dont leave it - just a few footy kicks with the neighbour will do.

  • 87percent on 30/09/2022 - 06:20
    +13

    I took my neighbor to court over the fence. She refused to pay, and thought I was joking when I said I’ll take her to court.

    Stupid thing was, I initially only wanted to repair the fence and it would have cost $1k total. But when she wouldn’t pay, i looked at getting the entire fence replaced. Was a sweet victory as she’s a major biyatch.

    • Ryanek on 30/09/2022 - 08:54

      I love a good karma story in the morning

    • KingJuf on 30/09/2022 - 09:33
      +1

      Yeh well tbh its only just over $1.3k each for the replacement of an 18M fence. I seriously can't understand why the owners are being so tight.

      • BewareOfThe Dog on 30/09/2022 - 10:11

        This is why I'm not a landlord.

      • Some Human on 30/09/2022 - 10:27

        Maybe they borrowed way more than they can afford and are really feeling it now that interest rates have shot up. They might have moved in with relatives due to financial hardship and rented their house out.

        I’m not saying they are justified in denying the fence replacement, I’m just throwing out an idea of what they might be thinking. There’s a lot of people out there who don’t know how to money.

        • KingJuf on 30/09/2022 - 10:34

          They have owned the house for quite a while, current tenants have been there for at least 5 years with the current owners.

          • Some Human on 30/09/2022 - 12:52

            @KingJuf: Ah okay then, maybe they're just TA's playing the financial hardship card to avoid paying.
            Doesnt make much sense though, a new fence would add value.

      • orangetrain on 30/09/2022 - 13:49

        The owners are investors. They don't care about their asset unless money is involved.

        • 87percent on 30/09/2022 - 17:02

          They can claim it as an expense..

  • try2bhelpful on 30/09/2022 - 06:51

    https://www.commerce.wa.gov.au/building-and-energy/dividing-…

    https://www.cabwa.com.au/get-help/dividing-fences

    You have to love WA. When it doubt a fence has to stop cattle straying.

  • elgrande on 30/09/2022 - 07:27
    +7

    Ask them if they would prefer to 'allocate resources' to legal costs

    • KingJuf on 07/06/2023 - 20:58

      This is the option im looking at now unfortunately….

  • SF3 on 30/09/2022 - 07:40
    +2

    Your neighbour’s landlord are such cheapskates.

    • KingJuf on 07/06/2023 - 20:58

      Yep, still no resolution until now.

  • mathew42 on 30/09/2022 - 07:44
    -1

    Fencing contractors are smart and will avoid becoming involved in neighbourhood disputes so won't split the bill. I had a neighbour who didn't pay for his share of a fence with another neighbour and didn't want the same to occur. I sourced quotes and then we agreed that the contract would be in my name, but he would pay the first half (deposit) and I would cover any overruns. Worked out well.

    I appreciate this won't help you until you can come to an agreement, but hopefully it will protect you from the person agreeing to pay and then pulling out.

  • AndyC1 on 30/09/2022 - 08:13

    Depending on the type of fence start to make it fall over by pushing or breaking the posts so it fails.

  • BewareOfThe Dog on 30/09/2022 - 08:45
    +3

    Bikies.

    • holdenmg on 30/09/2022 - 09:02
      +1

      Never heard that suggestion (ever). lol :+)

      • BewareOfThe Dog on 30/09/2022 - 09:09
        +1

        My answer to everything, if not already used.

  • cupcake on 30/09/2022 - 10:20

    Have a look at the rules on your local council website.
    Generally, a common fence doesn't have to be replaced unless it has fallen over.
    Hint hint, give it a bit of a push!
    Also, it generally is a 50/50 cost with common fences.
    We had a tight neighbour refusing to pay for half the cost of a fence and taking it to court would have cost $600.
    The neighbouring house had tenants and when I spoke to the managing real estate agent, he says Chinese people (the owner/s) are tight and won't give a dollar. You try drawing a dollar from them! Ha!
    It was eventually replaced after ten years.

    • DoctorCalculon on 01/10/2022 - 07:56

      We had a tight neighbour refusing to pay for half the cost of a fence and taking it to court would have cost $600.

      You would be able to claim legal costs against your tightarse neighbours, assuming you had a solid case for a replacement fence.

  • tsunamisurfer on 30/09/2022 - 10:31

    I am a landlord.

    I would fix it straight away because it could become a risk if the tenant is impacted or the tenant does something to others (like in this case the tenant's dogs stray onto neighbours property (with young kids) or onto the road.

    Get the council out to endorse that the fence is not sound, once done you have grounds to fix the fence.

    The hard bit is the initiator would have to stump up the whole amount first then chase which is a f'ing pain.

    Thankfully I have been reasonable with others and others have been reasonable with me.

    • KingJuf on 30/09/2022 - 10:36

      I am a landlord as well, and owned up to fixed my rental fence straight away when it was damaged even though my excess was 1k at the time I didn't hesitate because I wanted to keep it secure for my tenants.

      I just think they are trying to pull my leg and see if they can get me to fork out the costs for the fence.

      • tsunamisurfer on 30/09/2022 - 10:40
        +1

        I am sorry you need to cop this 'we're not in a position due to interest rates etc' B.S.

        Rents are sky high so it should cover their costs and life's extras like damage.

  • boomramada on 30/09/2022 - 10:50
    +1

    OP, look like you stuck on the fence.

  • windale on 30/09/2022 - 12:12

    If it’s damaged due to storm can’t they claim their half on insurance? You too.

    • KingJuf on 07/06/2023 - 21:00

      Yes exactly, they supposedly cant afford the excess perhaps.

  • Neoika on 30/09/2022 - 13:09
    -2

    OP doesn't want to pay for legal advice fee.

    • boomramada on 30/09/2022 - 17:54
      +1

      What's with people promoting legal solutions, for the legal cost OP could build a fence around the house.

  • Rako on 30/09/2022 - 13:22
    +2

    People I know had the same problem it ended up in court the side who didn't want to pay lost & because it had gone on for a long time it cost them more due to rising costs.The side who wanted the job done initially offered to pay 75% of the cost. It ended up each side paying half each so the reluctant side lost out badly.

    • KingJuf on 07/06/2023 - 21:16

      Yeh I know if this does go to court I will be claiming for them to pay the full amount in the rising cost portion.

  • JIMB0 on 30/09/2022 - 15:50
    -1

    Seeing as they don't want to pay anything just get one built yourself. Take some of their land to compensate for the cost.

  • 87percent on 30/09/2022 - 17:04

    I would be speaking to the tenants and telling them to force the fence repair onto the owners.

    • KingJuf on 07/06/2023 - 21:15

      Tried this several times, they are probably scared to loose their rental in the current market.

  • KingJuf on 07/06/2023 - 20:50

    Update not really an update but fence has gotten more damage and panel has gap large enough for someone to walk through now. Almost 2 weeks since I contacted owner and still no reply so looks like I am going to have to go with the magistrates court option now. Its in a pretty dangerous state, their tenants have dogs and I have kids that I need to keep away from this fence now.

    I got in contact with one of the fence contractors who quoted and he sent me an updated higher quote price due to material costs rising.

    Does anyone have any experience with no win no fee lawyers for property law? I am quite confident that I will win the case and hoping that the lawyers costs will have to be paid by the neighbour?

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