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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42321
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I wish to speak to someone about a neighbour who is refusing

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I wish to speak to someone about a neighbour who is refusing to pay over a Storm Damaged tree which fell from my property and broke the fence. He says the tenant is stupid the way he trimmed it.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Western Australia
JA: Has anything been filed or reported?
Customer: No he is refusing to have the fence fixed as he says he won't pay and the contractor said he won't do the job unless he agrees to pay.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The Real Estate Managers say it is not their responsibility it is between us the owners. Just want to know what to do about getting it resolved.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand I am very limited on what I can tell you and that you may have to get more detailed advice.

The tenant may be liable as well as a the landlord.

I assume you have received a quotation of what the costs of the repairs will be.

The full cost of the fence is the landlords and if he wants to sue the tenant he can.

You have to send both him and the tenant a letter of demand setting out what the cost of the fence will be and seeking they pay for it. If that refuse then you will sue them both.

The following link is the link about how to sue in WA

You are claiming the cost of the fence and an order that the tenant or the owner or both pay.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



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