fence repairs

[CHAOS]

wind storm - damages part of boundary fence

neighbours dog - manages to pull off loose pailings and get through fence - enters my tenants.

In both situations my tenant has contacted PM and we have repaired.

What I would like to know is can I charge the other IP owner for our time and materials to repair the fence (his 50% share)

In both situations the repairs had to be done asap - because his tenant has dogs. - an my tenant has kids. His tenant does not report things to his PM. Such as a broken window that has been broken for over 6mths.

Today I rang his PM and notified them of the unsecured dogs and the fence in need of repair. I asked if the tenant could be asked to secure their dogs until we repaired the fence (which we are leaving now to do)
The PM said I am on holidays and I am not driving back to get tenants or owners details to let them know. Tell your tenant to call the ranger. I also can't give you owners details you need to go to the council to get them to get a new fence.

Can I send the owner an invoice? The PM refused to contact them and an urgent repair had to be made.

 

[HD_ACE]

who ever damages it pays.

A tree on your property drops a branch on the fence- you pay
Neighbors dog pulls fence down- they pay
You reverse over fence- you pay
Fence falls down in strong winds because its in poor condition- 50% each.

So if you payed someone to repair, then you could get them to pay or take them to court.
I think you will have a hard time trying to charge them for your time, but materials yes.

cheers

 

[chilliblue]

If the property is in Victoria take a look at this site:

http://www.fencingonline.com.au/disputes/victoria.htm

The normal process is that the works are quoted. Quotes forwarded onto the other party and that States Act followed.

 

[geoffw]

I don't think you would even be able to charge for your time. You can't do for cleaning up for a bond for instance.

That would leave only materials- which, as it is a repair, probably wouldn't amount to too much.

However since te neighbour's dog ha caused damage to the fence and aggravation to your tenant as a result you may be able to ask them to ensure that something is done to the fence to stop the dog doing further damage. A ranger may be of use here. Or you may wish to talk with the local council.

 

[CHAOS]

Can SSers please advise on what to do now.

Just had a call from neighbour's PM. He said he has checked out the fence and it is secure and doesn't need replacing.

I said - yes we repaired it after the storm and then on the 31st. He said I didn't know about the storm. I said yes, your tenant doesn't inform you when things are wrong (such as the broken window that has been there since May).
He said well the fence isn't just yours and the other owner should know and then you can claim on insurance.

I said well on the 32st I rang you to tell the owner about the dog getting out and you were not interested because you were on holidays. So we as we advised you we were going to do went and fixed the fence.

He then accused us of entering the neighbours property without permission and that we are in the wrong. He then said it is my tenants fault the fence is broken as she has been taunting the dog. According to his analysis the pailings can only be pushed off from our side.
I explained that the pailings were loose from when the fence fell over.

I also said that your tenant is not informing you when things are wrong. You didn't want to help us and the problem needed to be fixed. He said it is the owners call - to which I reiterated that he was the PM and that he choose not to contact the owner.

In regards to the access. After the storm we spoke with the tenant and said that we need to fix the fence and we may need access from her yard and is it ok. She said that is fine with me -I am the tenant I don't own it. That is how we found out who she rents through.

And it went in circles and did not end well. ...and I am not sure why he actually called me...

Another question - should my PM have been the one to contact their PM? She passed it on to us

I am trying to tell myself - don't sweat the small stuff - there are some patronising a***holes in this world and unfortunately I have had to deal with one.

 

[chilliblue]

A few issues here. If the fence is fixed, then my course of action would be:

Firstly, document every item of who you spoke to and when and what was discussed for your records.

Advise both PM's of the above in writing and ask that they confirm receipt of same

At the same time, advise have your PM advise the tenant in writing that should the neighbours dog enter your property, they are to advise the local council ranger and if possible, let your PM know. Supply them the number.

Then find another PM. One who works for you.

These things happen and sometimes you need to take a deep breath and walk away. Think of it as a learning curve.

 

[CHAOS]

Hi Chilliblue

Thanks for the advice.

I had a good chat with her this earlier today. I had documented things toand have forwarded to her. I will also take on board your suggestions regarding the ranger's number. Simple advice - take the emotion out of it. Next step is ... 3 quotes...

It is the neighbour's PM (actually the director of that REA) that was difficult.


Small stuff - I know. Yes have had a few deep breaths and remembered the bigger picture.