DAMAGE TO GARDEN FENCE BY TENANT

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nadiabrewer
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DAMAGE TO GARDEN FENCE BY TENANT

Post by nadiabrewer » Thu Jan 05, 2012 6:19 pm

Hi,
My tenants reported to me that a fence panel had blown down this morning in the wind at the same time they informed me that their trampoline had blown into the fence 2 panels down causing alot of damage.
It is my fence so the next door neighbours have no cause to lie & I trust them, informed me at 8.30am & 10am that the adjoining fence was still intact but it was the trampoline that caused all the damage.
where do I stand legally? the only proof I have is of the trampoline damage and the 2 statements saying the opposite!
any advice would be appreciated.

Nadia

juliet
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Re: DAMAGE TO GARDEN FENCE BY TENANT

Post by juliet » Thu Jan 05, 2012 10:16 pm

Your post doesn't seem to make sense? Your tenants said 'a fence panel had blown down this morning in the wind at the same time they informed me that their trampoline had blown into the fence 2 panels down causing alot of damage'. Then the next door neighbours come into it but a bit unclear as to why/what etc?

If you are trying to say that the trampoline alone was to blame.....

Having a trampoline in the garden is very reasonable (lots of people have them) and as it was very windy, it is understandable that it may have damaged the fence judging by some of the scenes on the news. Your tenants would be unlikely to have insurance (most likely being able to get contents only as tenants) and so this is something that you may need to just sort out and hopefully you will have insurance? Or presuming that your contract with them specifically bans trampolines?

nadiabrewer
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Re: DAMAGE TO GARDEN FENCE BY TENANT

Post by nadiabrewer » Fri Jan 06, 2012 11:34 am

Sorry I wasn't clear, I will try to clarify the situation.

My tenants said that one of the fence panels to the adjoining neighbours had blown down at 5.30am but the neighbours claim at 8.30 & 10am the fence was still intact. My tenants at this point hadn't reported any damage.
At 10.30 their trampoline blow into the adjoining fence and caused alot of damage. This is when the tenants reported the damage to me plus the damage caused by the wind earlier but the neighbour's are saying it wasn"t the wind that caused the damage it was the trampoline.

Hope this makes more sense now

despair
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Re: DAMAGE TO GARDEN FENCE BY TENANT

Post by despair » Fri Jan 06, 2012 3:10 pm

Your tenants should have had the common sense to secure the trampoline or better still not even have one

The tenants need to cough up and pay for the damage their flying trampoline did

juliet
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Re: DAMAGE TO GARDEN FENCE BY TENANT

Post by juliet » Fri Jan 06, 2012 7:42 pm

Right - I think that I had picked that up correctly then. Well I still stick to my original post in that case. I think that it is just one of those things that happen and that they couldn't have insured against it. I work for a landlord and we would only hold the tenant liable in cases of wreckless or malicious damage etc. The winds were exceptional and I don't think that they acted unreasonably .

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