Renters rights & fence repairs

We're in a bit of a pickle with our rental and we're not sure if our plan is within our rights to do itms. 3 months ago some very strong winds came through and blew down our side fence & parts of our back fence (wooden palings). Our landlord owns the adjoining house that the fence has fallen down in-between.

Absolutely nothing has been done about it since. Apparently its being fixed through insurance, but we've not even had someone out to quote on the repairs! We have dogs, which they know about. Our poor dogs have had to be chained the entire time (they are not allowed inside). They are getting exercised daily, but its not fair on them and not the same as having roam of the yard (its large). I've rang a few time asking whats going on as we need proper use of the yard, but each time I'm told its going through insurance and it can take time (my last call was last week, which wasn't returned. Previous call was a month before that so its not like i'm hassling them).

We are fed up. We NEED the fence fixed. DS cant even play in the yard properly because I have to keep him away from where the fence is down. Is 3 months with NO news on WHEN its going to be fixed normal for an insurance job?
Its at the point that we are going to have to move so our dogs can live normally and how they deserve. DP has suggested we ring and say something along the lines of "If its not fixed soon, we're going to have to seriously consider moving out as we need full use of the yard. Or else we will pay a reduced amount of rent as we are paying full rent for full use of the property, and we currently do not have full use".

Are we within our rights to ask this? We are on a month to month lease (not what we wanted, I asked for 3-4 months for a new lease), but our previous lease terms still carry over and I know it has that repairs will be made in a timely fashion. I wouldn't consider this a timely fashion.

TIA for any advice/help :)

I would think you are within your rights to say this. If it really is going through insurance then the insurance company should cover the cost of temporary fences until they can fix the old ones. You can hire wire fences, that's what all the people with pools have to do while they are waiting for an insurance claim to go through.

There should be a tenancy advice line that you can call to check the specifics, but I'm fairly certain you are well within your rights to do something along those lines. It would definitely be best to call and find out the process though as you wouldn't want to pay reduced rent, and then receive an eviction notice for falling behind. 3 months is beyond a joke so there would definitely be action that you can take.

Call the tenancy board in your state & fair trading.

Its not acceptable, but if you threaten to move, will they care? They may just figure if you're out someone will put up with it.
They may decide to have you vacate if you go to the board anyway, but with no reason to evict, they have to give you 90 days (in NSW), so plenty of time to find a new place, over the 3-4 weeks if you told them you were considering leaving (they may consider that your notice).

I assume you're renting privately? Even if you are, all the rules apply. You neet advice about the right way to go about it. GL

Im a landlord whose fence fell down in the Perth storms a few months ago. I'm overseas and have had to leave it in the hands if my neighbour.

From him I've heard about how hard it's been to get people out (our fence has asbestos so has to be sorted out by a special contractor) to quote. Insurance companies generally want more than one quote (my insurance co hasn't done an inspection either - I just sent photos) and ours isn't fixed yet either! Plus his father in law is dying of cancer so fixing fences is the last thing on his mind (I feel sad too... He was so sweet!)

I'm on them all the time but it's really out of my hands, which is annoying. It doesn't affect our tenants though as its the side fence not the back fence, so their dog is fine with no chance of getting out and they don't have kids.

The only thing you can do is keep asking. Tell them it's affecting your living there. You can only but ask.

I just wanted to let you know from another perspective that sometimes things do take a while to be sorted, especially when contractors are busy, insurance co's want quotes etc.

Hopefully they'll sort it out as quickly as possible for you.

Our fence came down in the same storm Yules, and it's finally being fixed tomorrow :o Getting tradies out to give us a quote has been absolutely ridiculous, they say they're coming out and then don't, they don't answer phone calls or emails, it's so stupid. The one we went with is the only one that quoted us, luckily our insurer didn't need another quote.

Id put it all in writing, make it official, and point out the lease terms. Obviously it's not what you want to do, and no doubt you understand if they've been having trouble getting people out, but enough is enough, a solution needs to be found, even if it's temporary. You can either set up a read receipt on email, or pay to register your letter and get a card mailed back when they pick up the letter, so you know it's gotten through.

It doesn't matter how hard their trying to get it repaired or how difficult it is to get tradies. The fact is you have a right to have the house/outdoor area maintained to the standard it was when you signed the rental agreement...just as the landlord had the right to expect you to maintain the house to that standard.
Definatly contact the rental tribunal in your state.

Not urgent repairs are meant to be done within 14 days. After 60 days you can take them to the tribunal.