Dog in adjacent Apartment not in accordance with leaseholder agreement

apoole

Hi,

I am the leaseholder/tenant in an apartment block (private), my concern is that over a month ago someone moved into the apartment next door and has a dog which they keep in the apartment. The dog is also taken out into the garden area of the apartments without a lead and dog fouling is now clearly visible on the pathways and grassed areas (the apartments are gated, so no other dogs have access to these areas). The leaseholder and tenant agreement for these apartments clearly states:

‘Not without the written consent of the Management Company (which consent may be revoked or withdrawn at any time) to keep animals, birds or reptile in the property.’

I contacted the management company as soon as the dog appeared back in April and have been in two way communication with the management company over this situation. They have also informed me that other residents in the apartments have also raised concerns. After weeks of constant emails and promises that the situation would be sorted by the management company, they have now replied with the following email:

‘There is little more that can be done as to go for forfeiture of the lease a judge would through the case out over a dog.’

Can anyone offer advice on the following points:

What does this mean for me as a leaseholder/tenant who does not want a dog in the apartment block, and took on this property on the understanding of the leaseholders agreement?

Is this leaseholder/tenant agreement which is stamped & signed by their legal department, not worth the paper it’s written on?

Does this leave the door open for other residents to keep pets as well?

What am I paying a yearly management fee for?

Any advice would be gratefully appreciated. Thanks.

FireWyrm

The lease is clear as you have pointed out, however, when it comes to pets, it is unlikely to result in an eviction as I believe the other tenant is covered under general EU law which supersedes the outdated rules commonly found in tenancy agreements, which are not law. The worst that the management company can do is levy additional damage fees against the tenant and also bill them for cleaning the common areas. The problem is, the management company would have to prove (in the legal sense) that this dog was responsible and not, for instance, a cat, or a fox. I'm afraid that unless you have an environmental health issue such as lots of dogs in a tiny flat, theres nothing you can do legally. However, there's no reason you can't make your views known, politely and as often as possible. With a little luck, he'll get sick of the argument and leave the flat.

bris

Having a no pet's clause can now be seen as an unfair term, so the leaseholder may be worried that an expensive eviction process will be thrown out.

redped

If a no pet's clause is seen as an unfair term, why do some tenancy agreements still have the clause? Is it just letting agencies not understanding/knowing current legislation? From memory the LA we use for our rental house has the clause in the agreement, although as a pet owner I personally wouldn't object to our tenant having a pet if they asked (subject to potentially paying for any damage at the end of the tenancy).

Soot2006

redped wrote: »

If a no pet's clause is seen as an unfair term, why do some tenancy agreements still have the clause? Is it just letting agencies not understanding/knowing current legislation? From memory the LA we use for our rental house has the clause in the agreement, although as a pet owner I personally wouldn't object to our tenant having a pet if they asked (subject to potentially paying for any damage at the end of the tenancy).

Because most tenants stick to what they agree to
... but if you had a tenant that later felt like getting a dog or cat etc, then it would be hard for you to get rid of the T on that basis

captainhaggis

Collect up the poo, put it in a box and post it to the neighbour along with an anonymous note saying "I believe your dog dropped this in the garden and I thought he might want it back". The neighbour doesn't need to know who the package came from, nor would there really be any way of finding out. Just plead ignorance. The thought of the prospect of the entire block being angry enough to do such a thing will probably make the neighbour behave a little more considerately.

jjj1980

As an ex-private rental tenant and now council tenant, I cannot understand why anyone wouldn't stick to the terms of their tenancy agreement, which they will have signed at the start of their tenancy.

If it says "No pets" and they think this is unfair, then surely commen sense would tell them to find somewhere pets were allowed. rather than move in anyway then bring an animal home without prior agreement from the landlord.

The private rental I was in had a no pets clause and I contacted the landlord and asked for their agreement to me getting a rexcue cat, gave them the RSPCA rehoming centre address where I would go and asked for a written confirmation of their decision. Had they have said no, I would not have adopted the cat. If I was so set on having a pet, I would have looked at alternative housing.

Just don't understand why people act in certain ways...

apoole

Hi, thanks everyone for your advise. Like the idea of posting the dog pooh back (might go buy some jiffy bags lol).

As mentioned, it just makes peoples life's difficult when the minority decide to make there own rules.....

may_fair

FireWyrm wrote: »

The worst that the management company can do is levy additional damage fees against the tenant and also bill them for cleaning the common areas. The problem is, the management company would have to prove (in the legal sense) that this dog was responsible and not, for instance, a cat, or a fox.

This does seem like a reasonable option for OP to propose to the managing agents, as at least regular cleaning would tackle the main problem, which is the dog fouling the exterior communal areas. Proof may not be that difficult as OP says the property is in a gated development and no doubt there are numerous witnesses.

pinkshoes

I'd firstly put a polite note through their letter box asking them to pick up all the dog poo which their dog has left in the communal garden.

If it's still there a week later, I'd then pick it up yourself, and put it through their letter box with a polite note as per what captain haggis suggested!

If they still let their dog foul in the communal garden, continue to pick it up and put it through their letter box.