Need urgent advice over Tenancy/Neighbours

mrginge

AnxiousTenant wrote: »

I'd just like to ask you something though......if you had a dog and it was almost violently killed in front of you and the owner didn't care and clearly doesn't give a dam about anyone else and you feared for your safety and the police wouldn't help tell me what you would do?

Sue the owner.

AnxiousTenant

mrginge wrote: »

Sue the owner.

But what if you felt threatened? Especially as they are kind of now ganging up on us with the other neighbours?

AnxiousTenant

Also what's the point in suing the owner? They don't work.

G_M

wannahouse wrote: »

if you haven't had gas since you moved in, that is a disruption of utilities...would that give them an out on their lease, as you should reasonably expect to have gas, electric, water etc`???

There is no right to gas per se. Indeed, many houses are off the gas network and have no gas.

It would depend what the gas is needed for. Also on the reason for there being no gas.

If this was, for example, a supply interruption caused by a leak in the road affecting several properties, this would be a matter to take up with the gas company. It is beyond the LL's control

If the gas was only needed to run a gas fire in one room, and there was alternative heating eg night storage heaters (unlikely I accept!), and the cooker was electric, again, there would be no justification to end the tenancy.

The Landlord & Tenant Act 1985 Section 10 says:

10 Fitness for human habitation.


In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

• repair,
• stability,
• freedom from damp,
• internal arrangement,
• natural lighting,
• ventilation,
• water supply,
• drainage and sanitary conveniences,
• facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

So. Is there a working cooker? Or electric cooker point in an unfurnished property with no cooker supplied?

Section 11 says:

11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

.....

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Is there a working heating system?

[Deleted User]

After an experience I had with a dog attacking our puppy.., I'm afraid its unfair but unless you can afford to take the owners to civil court, you will not even get your vet fees back. No the police won't take action, neither will the RSPCA etc. Its not right, but it is the way it is.

Again, its not fair, but you are in danger of finding yourself owing the monthly rent until the end of your lease. As explained here, u have two options, persuading the landlord to allow you to surrender the lease early or getting him to allow u to find alternative tenants (obviously without their own dog).

I'm afraid that is all that can be done.

AnxiousTenant

What annoys me is the neighbour trying to defend the dogs actions and trying to say it was our fault when our dogs couldn't hurt a fly and were on leads yet these 2 well known dogs (well known as in the breed of dog they are and the reputation they have) and they weren't on leads and try and say I was in the wrong using force trying to stop my dog being killed! It was extremely hard and took along time to get it off!

It's negligence and the dog is clearly very dangerous and it needs putting down because as i said above one day it will attack/kill another dog/child.

AnxiousTenant

deannatrois wrote: »

After an experience I had with a dog attacking our puppy.., I'm afraid its unfair but unless you can afford to take the owners to civil court, you will not even get your vet fees back. No the police won't take action, neither will the RSPCA etc. Its not right, but it is the way it is.

Again, its not fair, but you are in danger of finding yourself owing the monthly rent until the end of your lease. As explained here, u have two options, persuading the landlord to allow you to surrender the lease early or getting him to allow u to find alternative tenants (obviously without their own dog).

I'm afraid that is all that can be done.

After all that's happened the last thing I'm worried about is owing the rent until the end of the lease! I'm more worried about living in a more suitable property and doing things that are in the best interests if my dogs and partner! If he doesn't agree to surrender the tenancy then he is welcome to take us to court but I will fight it! My partner is absolutely terrified and scared to be anywhere near there and if you saw how traumatised my dog is then you would understand.

[Deleted User]

Is it a pitbull type that's actually illegal to keep?

princeofpounds

I'm sorry for your experience but everyone here is right; there isn't (yet) an official route to deal with situations like these except suing for loss or damage incurred. That is probably pointless if the neighbour has no income or significant assets and there is no independent evidence of events.

This is likely to change as the coalition are apparently working on updating dangerous dogs legislation, but not for a year or maybe more.

You priority now should be to collect evidence of ongoing behaviour if it occurs. If they bang your door, record it in your phone. If their dog acts aggressively, try to get a video. To be honest, it's probably not worth really pursuing this too intently right now, but keep it in mind in case things flare up again.

mrginge

AnxiousTenant wrote: »

After all that's happened the last thing I'm worried about is owing the rent until the end of the lease! I'm more worried about living in a more suitable property and doing things that are in the best interests if my dogs and partner! If he doesn't agree to surrender the tenancy then he is welcome to take us to court but I will fight it! My partner is absolutely terrified and scared to be anywhere near there and if you saw how traumatised my dog is then you would understand.

OK you're still not listening.
If you end up in court you will lose.
You would be better off negotiating an exit with the landlord rather than this 'see you in court' garbage.
Sounds to me like because you're scared of dealing with the owner in the correct manner you just want someone else to sort your problem for you. The phrase 'grow a pair' springs to mind.