The dog next door

Guest101

Top_Girl wrote: »

I'm not sure what you think I've said here. I'm not disputing eviction has to go through the courts. I understand the process.

I'm merely going by my own experience of tenants who are in their introductory tenancy period who have complaints made against them and the assurances of the housing manager who attended a community meeting following the eviction of one such local tenant who was found to be behaving anti-socially in the area.

There's 2 point I made, which I thought were fairly clear.


Eviction is only via the courts


The courts aren't going to evict this tenant.


The housing manager has no say in the courts decision.

FBaby

Are you aware that gets are not even a legal requirement? If it is 'your' fence, ie. it is showing as yours/your landlord on the deeds, then it is the responsibility of your landlord/you to fix. It is it your neighbour/their landlord, then they can do what they want, including nothing. In this case, as it is the council's property, then it is up to them to assess whether they feel they have a duty to do something. I expect they struggle enough to ensure that humans are looked after, they consider that their responsibility doesn't extend to the housing of pets, in which case, since it is your decision to have a pet, maybe it is fair that you should do whatever is required in your side of your garden to ensure the safety of your dog?

ali-t

Op, you could try to train next doors dog, either through positive reinforcement when the dog doesn't bark and jump or through using something to interrupt the behaviour. A pet corrector spray that emits a noisy jet of air would distract the dog and potentially remove any reward he gets from jumping at the fence.

Person_one

Top_Girl wrote: »

My dog hides under the trampoline from theirs :rotfl:

Absolutely, they have the right to have a dog, but surely should be controlling it when it is damaging property and being aggressive. That's my issue. If roles were reversed, I'd take steps to deal with my dog's behaviour.

If you're looking for a legal option, the legislation would have to be the DDA, the law states:

"Out of control

Your dog is considered dangerously out of control if it:

• injures someone
• makes someone worried that it might injure them

A court could also decide that your dog is dangerously out of control if either of the following apply:

• it attacks someone’s animal
• the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal"

I'm not a big fan of this wording as it is far too open to interpretation, but it would seem to apply here.

https://www.gov.uk/control-dog-public/overview

Top_Girl

Person_one wrote: »

If you're looking for a legal option, the legislation would have to be the DDA, the law states:

"Out of control

Your dog is considered dangerously out of control if it:

• injures someone
• makes someone worried that it might injure them

A court could also decide that your dog is dangerously out of control if either of the following apply:

• it attacks someone’s animal
• the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal"

I'm not a big fan of this wording as it is far too open to interpretation, but it would seem to apply here.

https://www.gov.uk/control-dog-public/overview

Thank you very much

Guest101

Person_one wrote: »

If you're looking for a legal option, the legislation would have to be the DDA, the law states:

"Out of control

Your dog is considered dangerously out of control if it:

• injures someone
• makes someone worried that it might injure them

A court could also decide that your dog is dangerously out of control if either of the following apply:

• it attacks someone’s animal
• the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal"

I'm not a big fan of this wording as it is far too open to interpretation, but it would seem to apply here.

https://www.gov.uk/control-dog-public/overview

The law refers to in public rather than private.

Geodark

In regard to fixing your fence, would you not be better using screws? nails can pop out under pressure. For fencing you are always better using screws as they are much more secure.

elsien

The DDA has changed to cover attacks on private property as well as on public land, but it's attacks on people not on other dogs.

https://blogs.rspca.org.uk/insights/2014/05/14/how-the-changes-to-the-dangerous-dogs-act-affect-you-and-your-dog/#.V7yFXaJxLzk

While it's something the OP might want to point out to their neighbours, it's of no consolation to her if the dog gets through the fence and hurts her dog on the meantime.
Would attaching wire mesh to the fence slow it down if it makes a gap? - I put some on my fence when my bull terrier bit its way through to go say hello to the new neighbours. The sturdy stuff, not chicken wire.

This also helped when my dog aggressive foster was determined to get through to next door's Yorkshire Terrier. However it's not going to stop a large determined dog indefinitely, so working with the neighbours once they've understood their responsibilities would seem to be the way to go.
Is it something the dog warden would get involved with, with regards to the consequences if the dog did get through the fence and bit you while you were trying to get your dog to safety ? I'm guessing not, but it can't hurt to ask the question.

My neighbour and I ended up with time slots when one dog would come in so the other could go out. Worked for us!

Person_one

Guest101 wrote: »

The law refers to in public rather than private.

If you read the link, it also applies to animals that are in their owner's home.

Person_one

elsien wrote: »

The DDA has changed to cover attacks on private property as well as on public land, but it's attacks on people not on other dogs.

It can apply in the OP's situation, as the dog only has to 'make someone worried it might injure them' for it to be classed as dangerous.

Its a terrible piece of legislation, but this might be a rare case where its actually useful.