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

hazyjo

If she's that much of a vindictive old hag, be very wary of any food or water that's obviously been put down outside, and I'd fix some sort of letter holder behind your letterbox in case she sticks poisoned food through it.

You can NEVER be too careful with people like that.

I suppose you could do something temporarily drastic like put your dog in kennels for a week and get a receipt (I know, I know), and tell her to keep a diary of disturbances that week (don't let her see you take your dog anywhere in a car). If the old bag comes up with complaints, you can prove she's a liar (remember to let the freeholders know what you're doing beforehand! Obviously don't let them so much as hint to her though!).

Jx

[Deleted User]

If you're feeling it you could always get up to some trickery. This would involve some planning and a helpful friend but it could work well:

1. Talk to the freeholders, explain that you've had no problems with your dog making noise and the other residents cannot confirm her claims, tell them that you've read about how the council deal with noise complaints and that is to require the complaining resident to write a log of each time they have a problem, say that if they do this and can confirm there is a problem over the next 7 days you will look at moving your dog from your flat or leaving.

2. After you have confirmation your neighbour is logging every incident make sure she can see you walk into your flat one night with your dog, maybe even knock on her door to "apologise", then as you're walking from her door to yours have a friend turn up in a car, sneak your dog into the car and have your friend take your dog to stay the night at their house. Make sure you have evidence that your friend took your dog away from your flat, a photograph in front of a tv show (Eastenders?) or maybe a photo of him in front of the Eiffel tower or skiing the slopes of Italy, just proof he wasn't in your flat.

3. The next day you collect your dog and when you return home that night once again knock on your neighbours door, this time explaining to her that you're going to have your friend look after your dog tonight as you're aware she is feeling that your dog is a nuisance. Have a friend arrive, load your dog into the car, then the car drives off. An hour later have your friend return with your dog and sneak the dog back into your flat. Take another photo proving your dog was in your flat that night.

4. If your neighbour is indeed just trying to pick a fight with you she'll now have a log book that contains "proof" that your dog was being a nuisance on day #1 when your dog was actually somewhere else (which you can prove), she'll have day #2 saying there was no nuisance tonight even though you can prove your dog was there... at that point if they're not convinced she's insane you can tell them to take you to court (during which time sell, it would take them months).

Alternatively just go with "okay, take me to court", the only concern might be if the contract says "If another resident complains about a pet..." then the freeholders might win based on the fact that a complaint does indeed exist?

Kastanie

citricsquid wrote: »

Make sure you have evidence that your friend took your dog away from your flat, a photograph in front of a tv show (Eastenders?) or maybe a photo of him in front of the Eiffel tower or skiing the slopes of Italy, just proof he wasn't in your flat.

:rotfl::rotfl::rotfl:

I will gladly look after your dog for free while you sort this out (can't offer him Eastenders tho', lol). It annoys me that this person is causing you so much stress when you're obviously trying to get your life together after losing your job and home... after an endless winter that will have been really difficult for gardeners. Good luck with your appeal

propertyman

Dear Freeholder

The allegations made by flat x are not in themselves proof of a nuisance as set out in the lease and therefore you have no basis to insist on its removal.

I refute the allegations and
-enquiries by you of my neighbours will confirm that the alleged behaviours of my dog are not true and that
- flat x if requested to do so will be unable over a period of time produce any evidence of her allegations

While I understand as a freeholder you have in the first instance a general obligation to investigate complaints it is quite another to enforce the terms of the lease where the conditions of a breach of the lease are not, and cannot be met, by mere allegations alone, or enforceable just because "there has been a complaint".

You will appreciate that if you intend to pursue this you will have to have the LVT establish that there is a breach and that will require evidence to do so. You will therefore have to obtain that evidence and I am confident that neither you or flat x will be able to do so.

If you persist without taking reasonable steps to investigate then I reserve my position to issue proceedings against you for harassment and a breach of quiet enjoyment.

I am confident that you will not find any evidence at all.

Strapped

Personally, I wouldn't spell out to them what they need to do ^ Let them dig a hole for themselves.

propertyman

or read this old classic
http://www.27bslash6.com/strata.html

lb364

I like the kennel idea...along with a loudly played recording of a dog actually barking while yours is away

propertyman

Strapped wrote: »

Personally, I wouldn't spell out to them what they need to do ^ Let them dig a hole for themselves.

They need telling as no competent freeholder would have said "we had one unsubstantiated complaint, remove it". the letter shows that they will by implication be unable to act, and will likely dissuade them from taking it any further.

Its little more subtle than telling them what to do.....:cool:

JQ.

I'd either do what Propertyman has suggested, or do nothing at all. Personally I'd probably do nothing at all.

Having a Long Leasehold interest is not the same as an AST - forfeiting the lease, which is what the Freeholder would have to do, is an absolutely massive and very serious remedy and is not taken lightly by the courts. One of the solicitors on here is probably better positioned to advise, but I'd be totally amazed if the Freeholder could get you out. And if they could, the costs of doing so would be huge.

The real remedy for the old hag is via the Council, not via the Freeholder.

no1wf

I would log any complaints she makes to you about your dog, all the while having a camera recording in the flat. Cross check it with the times and dates she says she heard the dog and she won't have a leg to stand on when the video shows the dog asleep or not even in at that time.