bpha Limited (202526100)

Background

1. The resident’s front garden is fenced on both sides. However, it is open to the public path which runs across the front. During June 2025 the resident contacted the landlord to ask it to repair the fence to one side. He also asked it to erect a new fence along the front to stop dogs and people walking onto the garden.

What the complaint is about

2. The complaint is about the landlord’s response to the resident’s request for fencing works.

Our decision (determination)

3. There was no maladministration in the landlord’s response to the resident’s request for fencing works.

Reasons

4. The landlord’s repairs policy says that it is only responsible for fences that lead onto public footpaths or public accessible areas when they are on the rear garden boundary. It says residents are responsible for front boundary walls, fences and gates.
5. On 18 June 2025 the landlord inspected the fencing in response to the resident’s repair request. It concluded that no repairs were required to the fence panels to the side. It also advised him that it was his responsibility to install a fence along the front.
6. The resident was dissatisfied with the landlord’s response. He said its repair policy said it was responsible because there was a path outside which was open to the public. The landlord’s complaint responses appropriately referred the resident to its repairs policy which said this was only the case for rear garden boundaries. This was appropriate and in line with its policy.
7. During the complaint the landlord advised the resident that its repairs policy was updated in 2025. This included a change in who was responsible for certain fences. The resident said he’d not been made aware of any changes. The landlord has advised us that it communicated the change to residents through its magazine. It has provided evidence that this was emailed to the resident. We are therefore satisfied that it took appropriate steps to update the resident of its new approach to fencing.