TWO attempts by Housing to claim money back from a tenant over a fence dispute have been thrown out of court because of a lack of evidence.

The Petty Debts case was adjourned on 15 October to last Thursday, but then was dismissed when the department failed to provide witnesses or evidence of a tenancy agreement.

The department wanted Debbie Troth (pictured) to pay £925 for the removal of a fence she put up to extend her garden boundaries at her States house at Chemin des Monts, Castel.

She had written to the department to raise the height of the rear fence to her garden because her seven-year-old son, who is profoundly deaf, had managed to climb over it on a number of occasions and had nearly been run over twice.

Mrs Troth did not receive a reply and decided to erect a new fence, which encroached on a communal pathway.

The department ordered her to take it down as it said she was in breach of her statutory tenancy agreement.

Tracey Stonebridge, representing Housing, said Mrs Troth had failed to take it down and contractors were asked to remove it for her.

However, the department failed to provide evidence of contractors doing that and did not call any witnesses to give evidence.

Mrs Troth disputed the £925 cost and what was on the contractor’s bill. She said her two elder sons had taken the fence down and the contractors had put up a chain fence, not fence panels, which was what was charged for.

Judge Philip Robey finally dismissed the claim. ‘It was up to you, as the Housing Department, to prove your claim with evidence,’ he said.