Side Temp fence removed during the construction

Hi,

My side temp fence was removed by the neighboring construction builder then my tenants were complain to the VCAT about their dog safety and i had to pay for 10 days kennel fees. (Property was managed by the agent - long story short)

I was requesting this amount from the builder and he is refusing. What can i do now?


MI

 

Why do you think the builder is liable?

 

A temp fence is normal on sites. But did the builder ask for the dog to be off site for their site safety ?? Thats normal. They dont know if the dog will bite them. Or chew or poop on their stuff. Sounds like a cost for your project not a cost the builder is liable for (he would mark it up and charge you for it)

 

I didn't have to pay anything if he didn't remove the fence. But my question how do i recover my money?

 

You're skipping the step where its clear that they're even liable. I'm not sure that's the case. Depends on the circumstances.

 

By the sounds of it, the tenants in your IP have a dog, and they complained to the managing agent who conveyed their request for you to kennel their dog while there was no fence, and you agreed to do this, yes ?

Then you have no case !

You should have passed the problem on to the neighbor/builder who removed the temporary (and original) fence.

As it is they who caused the issue and should have been made liable at that time, not you.

By agreeing and paying for the kennel you have assumed liability, and trying to now recover your costs as an afterthought from the builder is a waste of your and his time ! ! ! !
Sorry........

 

I wasn't in the country but Agent didn't even agreed or notify by the tenant. Look like builder was negotiating with the tenant.

Builders came to my side and prop the fence and also broken one of the window too.

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Neither property looks suitable for any pet to be in the yard. That temp fencing isnt suitable fencing for pets. You dont even have a fence !

Your property doesnt looks suitable for a tenant with pets and if you allowed it then it was probably forseeable that at some time the temporary fence would need to me moved or replaced. If you have never provided approval for pets then the tenants should have forseen the issue with the fence being replaced, removed at some time.

 

My side timber fence was removed by next door builder and put the temp fenced and removed during their constructions.

Also i never agreed or dog not in the lease . i have seen the dog but didn't complain.

 

If I had a tenant who wanted me to pay for a kennel the first thing I I would have asked why they have a dog and why a temporary fence removal impacts them.

 

There are usually provisions in most council by laws that allow for access to your yard (not to be unreasonably withheld) for works by a neighbor's trades people.

What have you done to confirm what rights you have, and if you or your tenant have been unreasonably treated...............

 

Chances are your tenant had a weeks hols pre booked

They then moved the temp fence themselves before taking photo's and demanding the kennel/boarding

(that conveniently fell during their hols, thereby saving them a few hundred to be spent at the bar )

Have they hit you for the dog catcher's fine also ?

Again sorry, but you should never have agreed to the costs in the first place