Can I really be forced to remove dog from flat I own?

Kastanie

sinbad182 wrote: »

You won't have to do anything. Write a polite letter back, quoting that passage from the lease, and say that since the dog has not been a nuisance to anyone you will not be getting rid of it.

This.

Why would they take her word over yours? Doesn't she have to be able to back up her allegations?

Ivana_Tinkle

I'd be reading up on harrassment (which is both a civil and criminal matter, IIRC) and looking into getting a solicitor's letter telling the old bag to cease her malicious and demonstrably false complaints.

tbs624

As others have suggested, see if other occupants of the building would give a written positive comment about the dog (some may well not wish to become embroiled in your dispute in case the "old dear" turns her attention on them)

Any mediation service available locally? Maybe the Leasehold Advisory Service could suggest someone suitable or give you some useful suggestions on how to deal with this satisfactorily.

moneyistooshorttomention

thelem wrote: »

In that case I would say that it is up to the "old hag" to prove how the dog is causing a nuisance. Where is her flat in relation to yours btw? Above / below / shared walls?

That is the lines I would think along in your circumstances.

You have it in writing from them as long as the dog isn't causing a nuisance then that's okay - so I would be writing back to management in your position and inviting them to prove in just which way the dog was a nuisance.

I know there are indeed a few dogs that genuinely are a nuisance - ie continued barking - and I would fully understand a complaint about a dog like that. Lots of barking would indeed be a "nuisance" - but if a dog isn't doing that - then I really don't see where a "nuisance" could possibly lie.

When I lived in a public sector flat for some years many years back now we had an absolute "no dogs" rule. Many of us knew very well that come early morning a lot of dogs would suddenly appear being taken for a walk from there and turned a blind eye. I knew very well there was a dog right next door to me but, as I never heard a peep out of it and it was a cute little dog, I was more likely to pet it than report it. We all just did the "live and let live" motto regarding all those illicit dogs. It was a sort of unwritten rule that if they didn't bother us then we wouldn't bother them iyswim. In fact about the only pets we were allowed to keep under those rules were goldfish, but I was never aware of any of us bothering ourselves. I could have done without the blinkin' budgie living near me personally - as it was a noisy little thing when it got going - but I never mentioned it, because it didn't start chirping its little head off that often.

Hope you manage to get this sorted out and I honestly think you have a very good chance to keep your dog without any problems if you just tell the management committee to get the old biddy to prove that the dog is a nuisance. Once they find that she cant - because it isn't - then they will shut up and put up.

This management lot are just taking the easy way out and hoping you will take the easy way out and get rid of your dog. Once they find that you are arguing back and saying "Prove it" - then you probably won't hear another peep out of them. That's how these things usually function. Good luck.

GSD4ME

Thanks for your comments.

When I wrote to the block owners I did say that the old hag had disturbed other residents by banging around in the night and knocking on walls, but their reply said they did not get involved in neighbour disputes. According to them I have broken the terms of the lease by having a dog that is annoying someone but she has not even though she makes a noise after 10.00 which is also not allowed in the lease.

I think I will stand my ground, I cannot see how they can throw either me or the dog out certainly not without a long court case.

Soot2006

GSD4ME wrote: »

I think I will stand my ground, I cannot see how they can throw either me or the dog out certainly not without a long court case.

This.

And unlikely that they would go to the expense of court as not a cheap option for them and unlikely to win.

And then threaten to sell the flat to a very loud *insert undesirable* ...

Icecold_2

Hi

I would deff get written comments if possible from other flat owners and make a diary of the time when you are out with your dog

Sorry I don't have anything else to add except to say ADORE my dogs :A and can't imagine how I would feel if I were told I had to re home them you have my utmost sympathy for being stuck in this situation

Just an extra thought ...prob wouldn't make much difference....when we were looking to rent with the dogs several years ago a couple of Estate Agents suggested getting a reference from our vet...just to prove we were responsible pet owners and the dogs temperaments were sound?

Might be worth adding it to the neighbours letters

Good luck, please let us know how it works out for you

moneyistooshorttomention

GSD4ME wrote: »

Thanks for your comments.

When I wrote to the block owners I did say that the old hag had disturbed other residents by banging around in the night and knocking on walls, but their reply said they did not get involved in neighbour disputes. According to them I have broken the terms of the lease by having a dog that is annoying someone but she has not even though she makes a noise after 10.00 which is also not allowed in the lease.

I think I will stand my ground, I cannot see how they can throw either me or the dog out certainly not without a long court case.

..and I doubt they would want a court case any more than you would....

They obviously certainly couldn't throw you out and, in the event, I don't see how they could throw the dog out either - as you could just turn round to any court and hand over a copy of their own rules about it being a nuisance and say "x number of neighbours haven't said a word against my dog - just this one". If you can find some neighbours to speak in support of the dog and say that it isn't a nuisance then all the better.

I'm not a pet-owning sort of person - but I think many of us can see that pets are very much "part of the family" to those who do have pets.

Suarez

Rent the flat out to a group of students..:D

pimento

Just say "what dog?"