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FENCES ACT 1975 - SECT 14

FENCES ACT 1975 - SECT 14

14—Landlord and tenant

        (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.