Is there an obligation for a housing association to fix a fence to prevent harm to a child with a learning disability?

[Sapphire2010]

Hello all,

I have a 10-year-old child with a severe learning disability as well as severe autism.

The fence in my garden was damaged during the bad weather exposing my next door neighbour's garden which is filled with rubbish and other hazardous materials. I'm worried about letting my child out in the garden as she has a tendency of wandering off so I'm really worried that she might wonder into the neighbour's garden and injure herself.

My question is, does the housing association have a responsibility to fix the fence in order to prevent harm to a child with a learning disability?

[Galwaybay2]

Presumably you asked the housing association what their responsibilities are? Are you allowed to fix it if they refuse?

[jazzy15]

Hi Sapphire2010,

If the fence was not erected/replaced by yourselves, so is the fence that was in place when you moved in, it should be the HA responsibility to fix it, regardless of any other factors.

Having a child with ASD & the unsafe neighbouring garden, raises the risks involved so this may influence the priority they place the job at.

If the neighbouring garden is also HA, have them take note about the state of the garden, get a report submitted, so they then can check it. When signing tenancy contracts, you are signing to keep the whole property including outdoor space to a respectable condition, so they should then write to the neighbour, instructing them to clear it up.

[Sapphire2010 in reply to jazzy15]

Thank you for your reply.

What you say makes sense. The HA paid for a skip for a whole month and my neighbour still didn't clean up their garden. I was dumbfounded. But I'm worried about complaining to the HA as have to live with my neighbour.

I am trying to find as much info as I can so that I can approach the HA with knowledge.

Thanks again.

[jazzy15 in reply to Sapphire2010]

Remind yourself you aren't actually complaining about the neighbour, you are solely reporting your broken fence & the risk to your child's safety as a result - which in this case it's likely the HA have a legal duty to keep in a good state of repair, to protect your safety & well being. You have two main safety concerns, first is a flight risk, second is the risk of injury or even poisoning due to neighbouring gardens condition, the hazardous materials that have accumulated there.

It just may happen to be, that you reporting your broken fence, brings to the HA attention, that your neighbour has not dealt with the garden rubbish as instructed. As a result the HA will contact them again, informing them that on inspection they have found the garden rubbish has not been disposed of as agreed.... that's completely different than you reporting or complaining them, your conscience is clear, the neighbour can't blame you.

[Sapphire2010 in reply to jazzy15]

Thank you so much for your words of wisdom. I sincerely appreciate them and it has given me the perspective I needed. I will contact them again in the morning.

Once again, thank you. You have made a difference. 🙏

[Chocolate-heals-all]

There’s legislation that requires a landlord to make repairs on communal areas and also to make repairs on the structure of a property. Fences aren’t named explicitly in the legislation. You might find the details in your tenancy agreement.

Shelter have a section on tenants’ rights, on their website. It doesn’t mention gardens.

Health and safety is an issue, and the landlord does have a duty of care.

Other people online have reported similar difficulties to the story you tell. In most cases the landlord has an obligation to maintain structural stuff, and that includes fencing, whilst tenants have the obligation to keep the garden tidy.

Here’s a summary on a tenants’ advice web site. It offers various possible options you can pursue, including doing the work yourself. But do check out Shelter’s web site too.

housingrights.org.uk/housin...

[Sapphire2010 in reply to Chocolate-heals-all]

Many thanks for the link and for your reply.

I've had a look at the Shelter website when I first started researching but hadn't come across the Housing Rights site.

Much appreciated.

[Nicks-sister]

Have you asked them to fix it, and stressed how important/urgent it is?

[Sapphire2010 in reply to Nicks-sister]

Thanks for your reply.

I emailed them once, a few weeks ago but I think I will have to attach my daughter's medical / diagnosis letter to them on a new message so that they understand that I'm not looking for special treatment rather I'm genuinely worried about the risk.

I'm trying to do things in a way that doesn't cause friction with the HA but at the same time I want to be taken seriously so it's a fine balance. I'm trying to find out more so that I have enough knowledge to deal with this matter.

[Sapphire2010]

Thank you all for your replies. I really appreciate hearing from others.🙏