Renting - Dog fouling in shared garden

DrScotsman

Hello everyone, I apologise that I'm about to put forward to you a pathetic problem that I should be able to figure out myself, but I'd really appreciate some advice on this.

I'm renting a 1st floor flat that's above a sandwich shop owned by the same landlord. It used to be all one house (terraced btw), so there's a shared back garden. The only use I have and want out of the back garden is for storing the bins and taking them round the front.

The shop has recently had the excellent idea to keep a young dog in the back garden nearly every day while they're working. Every time I have to go in the back garden (twice a week), the dog has made a mess (excuse my pathetic euphemisms ).

I tried not to let this bother me, until today when I ended up stepping in it, and I've decided I don't want there to be any dog mess again.

1. What does everyone think I should do first? (I'm not confrontational at all, so although I could manage a letter, talking to them face to face is out of the window.)
2. What are my rights from my landlord? (I appreciate since my landlord isn't really at fault, this is a last resort). The tenancy agreement is a generic copy-paste one and doesn't mention much specific about the garden, although it does imply it's included in the "premises".

I've checked my council's website and it does mention who to complain to in this scenario, but I know most of you guys will tell me that it should not be the first thing I do.

Any advice appreciated, thanks a lot

BexInLondon

Could you drop a note through the door saying something along the lines of:
"Hi, sorry we haven't met yet, I live upstairs. Could I ask you please to clean up after the dog as I have to use the shared garden to get rid of my rubbish, and this morning I stepped in something I'd rather not have. It would be much better to sort this out between us rather than involve the landlord. Thanks, your neighbour Bob"

I know what you mean about not wanting to do it face-to-face, but if there's any way at all that you can stomach it it will be a much simpler way of dealing things as it's less likely to get their backs up. If you can't, you can't!

Agbe

I had exactly the same problem - the people who live above me and share the garden allowed their dog to foul there, and wouldn't clean it up. We get on quite well (haven't been living here long), and, like you, I didn't want to be confrontational about it. They seem nice and reasonable, though.

What I did, was to start cleaning up the poop myself. Eventually, they saw that I was doing that, apologised profusely, and now they always clean up after her.

princeofpounds

Face to face is usually better as a first try unless you are someone like a big guy talking to a small woman, when it can seem a bit intimidating.

A friendly note is second-best. Keep it brief.

If it doesn't work, then you look at hardball options. There are probably several, but you might not even need to think about it.

Jowo_2

Shame your local council website is so weak. Why not contact their environmental health department for advice?

My local council will issue fines for dog-littering and have an email form on their website to report problems.

Gwhiz

This has to be a friendly face to face to start with. Anything else will not do - and to be honest, is just cowardly. You say you are not confrontational, but this does not have to be - just a polite conversation.

olly300

Gwhiz wrote: »

This has to be a friendly face to face to start with. Anything else will not do - and to be honest, is just cowardly. You say you are not confrontational, but this does not have to be - just a polite conversation.

Agreed.

I know lots of people who have had disputes about things with neighbours and lots of it stems from people not talking to each other first but leaving notes.

Also if you contact the council as the first thing you do then you will get their backs up.

Anyway the steps I would advise you to take is:
1. Talk to them face-to-face
2. Write them a polite note if it's repeated informing them that you will report them to the landlord.
3. Inform the landlord - give the LL dates and times of the problem.
4. Then see if your council can do anything. Is the dog causing any other nuisance i.e. barking, whining? Are there children who can have access to the garden? If so mention it in your complaint to the council.

DrScotsman

Thanks for the replies so far.

Jowo: Not sure what you mean, I said my council's website DOES mention who to complain to, and what they can do (issue Statutory Nuisance Notice, fine, etc.)

olly300: The dog doesn't cause any other nuisance, no children (except sometimes the shopkeeper's). And can you clarify, would threatening to report them to the landlord be because they're probably breaching their tenancy, or because the landlord would be (technically) breaching my tenancy?

Everyone else: I didn't realise this many people would say a polite note is that much worse than talking face to face! I've already found talking to them about stuff difficult in the past (took two attempts to stop them filling up my bin, very legal :rolleyes:). But I'll grit my teeth and get on with it (or if I'm telling the truth, ask my girlfriend to talk to them :whistle:)

redcar_2

I would suggest next time you step in something unpleasant you go straight round to the shop to explain the problem. Make sure you do try and wipe your shoes on the mat in the shop first if they have one to 'try' and avoid walking something unhygienic further into the sandwich shop...

Fire_Fox

Can you even get prosecuted for littering on private property?? Obviously Environmental Health will get involveed if it's deemed a heath hazard; assume dog is staying outside all winter so RSPCA might be interested. Don't go there unless you have tried the polite route tho.

Guitar

Have a friendly chat with the shop about the issue.

If they're nasty about it then what you need to do next is start having bacon for breakfast each morning. Each morning, fry some bacon. After you've had breakfast take the frying pan with the grease and left over bacon gristle and pour it on the dog mess in the garden.

The problem will clean itself up.