Property Factor - Can They Fine Tenants?

Hi there

I am a home-owner in a block of flats which is comprised of a mix of private owners and housing authority tenants. We share a communal back yard, as part of the old tenement style buildings.

My property factor is a local housing authority and they have put up a notice pinned to the back door to the garden which arbitrarily bans ALL dogs from using the back garden. I have had my dog for over a year, and with no concerns or otherwise from the tenants or factor.

They have put up an anonymous witness 'whistle-blower' number and any dogs caught out in the back garden (their owners) will receive a spot fine of £80!!!!

Can a housing authority issue spot fines? What is the legality of these fines, and if I don't pay them? It's not safe to be walking out at night or during the night if my dog needs to relieve herself and having a large, safe garden was the main driver for getting a dog.

Whenever she has fouled in the garden before, it is picked up and disposed of, so there wouldn't be a case for anyone to say otherwise.

Any advice is welcome!

Thanks

Comments

  • missile
    missile Posts: 11,679
    Name Dropper Photogenic First Post Combo Breaker
    Forumite
    It would appear someone has objected to your dog?
    Have you spoken to the factor?
    What does your lease say, if anything?
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • KMoo
    KMoo Posts: 38 Forumite
    As the back garden is classed as a "public area" as its shared, by law your dog really shouldn't be out there without a lead with the laws as they stand regardless of whither you are a tenant or property owner. I would assume all the flats at one point or another were all under ownership of the housing authority and as such it is more than likely they still own the land that is the back garden, so the fact it is public property, owned by the council, then yes they can issue fines and you do have to pay them.
    (I have 2 dogs and live in a tenement property and have had this issue in a previous property with a neighbour that was all nicey nicey to my face but was complaining of every clip of claws they heard on their ceiling from my dogs (no joke..))
    :wave:
  • System
    System Posts: 178,069
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    Community Admin
    It will depend on your deed of conditions - any restrictions will be put in there.

    There may be some restrictions on pets but it's normally that they should be kept under control and not create a problem e.g barking.

    A factor is simply an agent of the owners, it can't do anything more than a meeting of the owner's can.
  • pogofish
    pogofish Posts: 10,852
    Name Dropper First Post First Anniversary
    Forumite
    If you treat your tenancy agreement with the same contempt as you do this board, then no wonder you have problems.

    Hijacking an old/unrelated thread is against the conditions you clearly agreed to on signup - you need to get this into your own thread if you want to discuss your individual issue.
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