who is responsible for fencing a rental home


Questioner

Our question is whether the housing association is obliged to place a fence as a boundary. We hear various stories about this.. for example that they are only responsible for the first 2 meters.. up to the point that they are also responsible for the rest (in this case about 12 meters). I had the fence installed myself the last time in 2018 and paid for it myself.. due to storm damage. Now there is storm damage to 5 panels again.

Lawyer

That depends on whether this point of independently added movable property by the tenant to the rental property, such as a fence (replacement, repair and maintenance), has been arranged in the rental agreement. If that is not the case, the law stipulates that the fence has become part of the rented property by the rules of 'accession' and the landlord is the owner. In that case, the landlord must provide for a proper and similar replacement on the basis of major repair.

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