My wall has been rebuilt without my permission

[retrocoder]

At the front of my property there is a small wall with an iron railing. The railing stops people on the driveway falling into my neighbours property which is about a meter lower than my property. The wall is mine and is fully on my property and extends from the front of the garage and runs for about 3 meters. I recently rented out my house and when the tenant left I noticed that the wall has been rebuilt but with no railings. At no point was I asked if the wall could be changed and now that it doesn’t have a railing on it, it could be a hazard as there is nothing to stop someone getting out of their car on the drive and tripping and falling over the wall (it’s about 60cm high). I am trying to find out who did this work but I presume that whoever did this has broken the law as it is a modification to my property without my permission. There may also be a breach of covenant which could be a problem when I come to sell the house. Does anyone know if the law has been broken and can I force the person who did this to replace the railings?

 

[bernardgreen]

If the metal railing is no longer on site then they have been removed without your permission. That is theft and a criminal offence. The police may be prepared to help by tracing and interviewing the tenants.

The tenants may be able to say who did the work and who removed the railings from site.

Were no inspection visits made to the property during the tenancy. Visits may have discovered the changes to the wall before the tenants left the property.

 

[retrocoder]

If the metal railing is no longer on site then they have been removed without your permission. That is theft and a criminal offence. The police may be prepared to help by tracing and interviewing the tenants.

The tenants may be able to say who did the work and who removed the railings from site.

Were no inspection visits made to the property during the tenancy. Visits may have discovered the changes to the wall before the tenants left the property.

I'm reasonably sure the person who did this was the neighbour. The tenant is being asked what they know about this. As far as I can tell, the railings have gone so I will be looking into the theft side of things. Looks like I'll have to talk to my solicitor.

 

[mattylad]

TBH it will likely cost you far less if you just replace the railings.

 

[drpepe]

Knock on the neighbour's dooR and ask if he knows what happened to your wall and railing. Don't let on that your ex tenant hasn't told you anything (yet).

That would be my first step.

 

[kingandy2nd]

TBH it will likely cost you far less if you just replace the railings.

Even less if you take it out of the tenant's deposit

 

[freddiemercurystwin]

Guy's there's more to this if the OP already suspect's his neighbour .........

 

[retrocoder]

Guy's there's more to this if the OP already suspect's his neighbour .........

I just had it confirmed by the old tenant that it was the neighbour. The tenant thought it was his wall. I looked at the deeds and plans of the house and the wall is on my land. The covenant says you can't change the outside of the property without permission. There is also the issue of the drop which is why the railing was there. I think I should at the very least get him to apply for a change to the covenant and to get it approved for safety and if it needs railings to add them. I'd also expect him to pay costs of me having to deal with this.