Shared Garden

DireEmblem

Morning all.

We have a small shared garden, well it’s probably about 14m x 4m being generous.

Last year a couple of residents got puppies during lockdown, and haven’t trained their pets.  These are the first pets in our building.

I have had dogs previously and understand that they can be difficult to train up until about 6-12 months of age, so have passed on some advice.  The shared garden is enclosed and a great area for training or to let them play.

Anyway as time has gone by, we have had numerous complaints about the dogs running wild in our stairwell(delivery drivers), and the grass in the back garden has all but died off.

We had a chat early this year about the deteriorating condition of the shared garden, and highlighted some concerns.  We all contributed and appointed a gardener to improve the condition of the lawn, and asked if they could train their pets to go in the far corner, so people felt comfortable having friends and family round and sit out when the weather improved, without worrying what they were sitting on.

Similarly we requested again that the ‘poop’ bucket be removed from hanging outside of the ground floor flats window, to another location, or better still there was a bin 5m outside the front of the property, perhaps faeces could be deposited into the bin.

The poo bucket got moved to a flower bed, so one of the neighbours plants were soon trampled on.  It has since been moved on by ourselves to a ‘better’ location.

Similarly the grass looks like a patch worth quilt.  It’s not a pleasant space to be out in still.

Should we ask once more or do you think we have been reasonable enough, to now say ‘no dogs?’.

MovingForwards

What does the lease say about pets?

DireEmblem

I dont have a lease, but my title deeds which I think would be the same for all states that the shared area is for the 'washing and drying' only, which even I admit is rather old fashioned(1898 building).

MovingForwards

You're probably better off posting in the house buying, selling, renting section as the members are pretty good with these types of questions, but you will need to include the additional info as that's the key point. Also say the property is freehold, if it is.

I assume your deeds don't say anything about no pets in the flats?

sheramber

 Who is 'we'.

Is it a management company. freeholders or just some residents?

Do they own their flat?

DireEmblem

sheramber said:

 Who is 'we'.

Is it a management company. freeholders or just some residents?

Do they own their flat?

One of them rents, the other owns.

90% of the building is occupied by owners.  Its a difficult one keeping the peace but being fair at the same time.

sheramber

But who is 'we' who are proposing taking action?

Pollycat

sheramber said:

 Who is 'we'.

Is it a management company. freeholders or just some residents?

Do they own their flat?

sheramber said:

But who is 'we' who are proposing taking action?

I also think the OP hasn't been clear about the 'we' he/she mentions.

In the original post, they complain of receiving complaints.

If they are simply owners or renters, why are people complaining to them?

When they mention "we requested again that the ‘poop’ bucket be removed from hanging outside of the ground floor flats window" and "Should we ask once more"? are they talking about a committee of owners/renters or about themselves as someone who takes things upon themselves?

The OP has mentioned giving advice about these puppies but what was the reaction to that advice?

Are the owners of the puppies trying to train them or not?

HampshireH

DireEmblem said:

I dont have a lease, but my title deeds which I think would be the same for all states that the shared area is for the 'washing and drying' only, which even I admit is rather old fashioned(1898 building).

I would not suggest using this clause to help your point.

If indeed you do then then expect them to object to others sitting in the garden or playing as the lease doesn't allow for that either. (I'm being pedantic but the point is the same)

The clause you would be looking for is specifically in relation to pets in the property  (usually permission cannot be unreasonably withheld if indeed they required permission in the first place)

Often referenced in a clause on nusiance or a stand alone clause.

It's very unusual for flats with a shared garden not to have a lease. Are you sure you aren't a leaseholder? Possibly with a share of the freehold?