Fences Act

I have an IP in need of a fence. Our property backs on to two others. There is one shared fence at the back but where other property backs on their is no fence. However - 1.5m into our property there is also fence and gate that goes all the way across. In wanting to read up on how one approaches getting a fence erected where it is unfenced I came across this:

http://www.lawhandbook.org.au/handbook/ch10s02s05.php

Under the heading of Tenants it says that the occupier of the property depending on the length of their lease is to contribute to the cost of the repair or replacement of the fence.

Has anyone had their tenant pay?

In past fence repairs / replacement we have just paid. I don't know the RTA off by heart - so not sure what their rule is on this. If it says no owner pays then which law is applied?
 
I've never heard of a tenant being liable for constructing a new fence. If they damage an existing one yes, but not for construction of a new fence. Maybe if they were really long term or it was say an acreage you might ask. Otherwise it would be a capital expense for the owner I'd think.
 
Has anyone had their tenant pay?

You have failed to provide the forum with even the most basic information required to even have a half ***ed crack at your question.

In the absence of most of the relevant information needed to fully grasp the situation....i.e. ;

  • What is the zoning of the property
  • Does the tenancy fall under the realm of the RTA
  • What is the remaining length of the Lease
  • How long is the unfenced proportion
  • Is the unfenced neighbour a private landholder or Govt
  • What is the approx. quote for the unfenced proportion

....it is extremely difficult....nigh on impossible....to even start to give a considered, definitive, non-wishy-washy answer.

If one assumes a bunch of the above and goes on a wing and a prayer based on your failure to provide the relevant information, then under standard conditions it appears you will have to.....unsurprisingly.....not be able to palm any of the costs off onto the Tenant.

The table at the bottom of your link specifies the same rate of 25% for less than 3 years tenure as it does for 3 to 6 years tenure. That table doesn't make sense. Why segregate the time frames if the 25% portion is the same.

That inconsistency is underlined by the next sentence which states "As very few people lease a house for more than three years at a time, most tenants will probably never have to pay for a fence."

Of course, if your particular circumstances which have not been outlined are different in any way, then the answer may well be different.

What other forum members have been able to achieve is not relevant at all, as their particular circumstances may be completely different to yours.

Someone on the forum may have an industrial tenant on a 10 year lease and been successful in having the Tenant pay for a fence, but that has no relevance to your question, so whether they were able to force the Tenant to contribute doesn't matter a hill of beans to you and your fence predicament.
 
You have failed to provide the forum with even the most basic information required to even have a half ***ed crack at your question.

I asked if anyone has had their tenant pay? I am confused as to what extra information you feel I should be providing when I am asking a question about other peoples experience.

In the absence of most of the relevant information needed to fully grasp the situation....i.e. ;

  • What is the zoning of the property
  • Does the tenancy fall under the realm of the RTA
  • What is the remaining length of the Lease
  • How long is the unfenced proportion
  • Is the unfenced neighbour a private landholder or Govt
  • What is the approx. quote for the unfenced proportion

What other forum members have been able to achieve is not relevant at all, as their particular circumstances may be completely different to yours. I disagree. There are many posts on this forum where people share what they have been able to achieve in various situations and circumstances. You may not see it as relevant but I do as I am continually learning.

Someone on the forum may have an industrial tenant on a 10 year lease and been successful in having the Tenant pay for a fence, but that has no relevance to your question Yes it does. It answers my question Has anyone had their tenant pay?, so whether they were able to force the Tenant to contribute doesn't matter a hill of beans to you and your fence predicament That is correct. However, I was not asking in relation to my predicament, although reading over my post I can see how you inferred that. It was information that I found interesting when looking for other information directly relating to my predicament. .


Update on my situ. The now elderly granddaughter of the original owner of this IP knocked on the door today. She lived in the house as a young girl and told us the history of the property and of the fence.
 
I was not asking in relation to my predicament, although reading over my post I can see how you inferred that.

Righto then. Let's not talk about your fence. Your very first words understandably threw me, that's all. You should have specifically mentioned your question had nothing to do with your IP's fence to clarify.


I have an IP in need of a fence.

I won't make that mistake again.


Update on my situ.

Classy ??
 
Dazz you are very articulate. I enjoy reading your comments in part because of this. I guess it is not only your portfolio size but the level of communication skill you have that I have to aspire to. (To clarify - I am not being sarcastic).
 
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