FENCES ACT 1975 - SECT 14
FENCES ACT 1975 - SECT 14
(1) Subject to any
agreement between a landlord and tenant and the provisions of this section,
the landlord may recover, as a debt due to him, contribution towards the
satisfaction of any liability incurred by the landlord during the tenancy in
respect of fencing work performed in relation to fences dividing the land
occupied by the tenant from the land of adjoining owners.
(2) The contribution
recoverable under subsection (1) of this section shall be determined in
accordance with the following principles:
(a)
where at the time of the performance of the fencing work a period of less than
three years remains of the term of the tenancy, no contribution is payable by
the tenant; and
(b)
where at the time of the performance of the fencing work a period of at least
three years but less than six years remains of the term of the tenancy, a
contribution of one-quarter of the liability incurred by the landlord is
payable by the tenant; and
(c)
where at the time of the performance of the fencing work a period of at least
six years but less than twelve years remains of the term of the tenancy, a
contribution of one-half of the liability incurred by the landlord is payable
by the tenant; and
(d)
where at the time of the performance of the fencing work a period of at least
twelve years remains of the term of the tenancy, the landlord may recover a
sum sufficient to satisfy his total liability from the tenant.
(3) Subject to any
relevant agreement, where a tenant exercises a right or option to purchase
land occupied by him for a sum fixed in an agreement, or fixed in accordance
with principles contained in an agreement, with the landlord, the former
landlord may recover as a debt from the former tenant, in augmentation of the
purchase price, any sum paid by the landlord during the tenancy, in respect of
fencing work relating to the land subject to the tenancy.
(4) It shall be a
defence to an action for the recovery of any moneys under this section
that—
(a) the
fencing work was not required as a result of any act or default on the part of
the tenant; and
(b) the
tenant was not afforded adequate opportunity to make representations in
relation to the proposals and counter-proposals (if any) before they became
binding on the landlord or was afforded such an opportunity and objected to
the proposals or counter-proposals by notice in writing served upon the
landlord a reasonable time before the proposals or counter-proposals became
binding upon him; and
(c) the
tenant was not bound by the order of a court to make contribution towards the
cost of the fencing work by order of a court made pursuant to the provisions
of this Act before the commencement of the fencing work.