Fencing Quickguide
PLEASE NOTE: The Committee is not able to provide advice about fences. If you are unable to find an answer to your question in the Fencing QuickGuide, please do not contact the Committee as we will be unable to assist you. We suggest that you contact a community legal centre (http://www.communitylaw.org.au/find_a_clc.php) or a solicitor instead.
Your neighbour is a tenant
Liability
A tenant is an "occupier" for the purposes of the Act and therefore liable to contribute towards fencing costs.
As in the case of an adjoining owner, an adjoining tenant occupier should be supplied with a written quotation, together with a letter indicating the proportion of the costs you wish him or her to contribute. The letter should invite the tenant to discuss the matter with his or her landlord. You could ask for a response from the tenant and landlord jointly.
If agreement is not reached within a reasonable time, you can proceed to serve the tenant with a Notice to Fence.
Tenant receiving Notice to Fence
A tenant who receives a Notice to Fence must forward it on within fourteen days to
- the landlord at his last known address; or
- the person to whom the tenant pays the rent; or
- any person whom the tenant believes is authorised to accept notices on the landlord's behalf.
Failure to do this exposes the tenant to liability for the whole of the contribution being sought by the neighbour (S.10(4)).
Apportionment between landlord and tenant
For details of how fencing costs are apportioned between landlord and tenant, see Tenancy.
Any legal action should be taken against the tenant, who will generally be able to join the landlord as a third party. Even where the landlord is wholly liable, the action should be directed at the tenant as the landlord is not the "occupier" for purposes of the Act.