Pet Menace by Tenants in Flat Upstairs

pboae

diya wrote: »

Thanks for all the replies...

Sorry if am not phrasing right!

Each flat owner shares 25% of the freehold..and all the four flat owners form the management company...The leaseholder, who has let out the flat with the dog is part of the management and whom we are not able to get in touch with...left messages on his phone..no replies...no one has his adress, as he always gives his parents address...

The lease says that pets are not allowed to fowl in the garden..

OK, so it is a block of four flats, with four leaseholders, who also have a share of the freehold each. Then it depends on how the management company is set up. If it is a matter of marjority rule, then the 3 of you who are living there can vote to enforce the lease against the 4th leaseholder, or in this case their tennant. If you have to have 100% agreement I don't know how you would do it, but there must be some provision in the management company for dealing with issues when one freeholder is absent.

Perhaps the best starting point would be to arrange a formal meeting with the other two freeholders and see if they have ever had to deal with lease enforcement before, or at least decide what you all want to do next. If you need to correspond with the 4th freeholder do it by post, preferably signed for, and send it to the address he has left. It's not your fault if he doesn't read them, at least you can prove you have been reasonable and made every effort to contact him.

Or, you could contact his parents and ask them to contact him on your behalf because you are 'worried' that he isn't replying, and things are getting serious. If you did begin proceedings against him for breach if the lease, he could ultimately face losing his flat. I doubt that would happen in this case, but I imagine the threat of it would get him to respond pretty quickly.

Whatever you decide to do, it's important to try and get the other 2 leaseholders/freeholders on board as well. If you try and tackle this without their support it will mean a huge amount of stress for you, and you need to be sure that they will back you up.

You are half way there as the lease specifies that pets cannot foul the garden, but there is also usually a covenant about your right to peaceful enjoyment of your property, and breach of covenants is a serious matter, you could sue your freeholders for it (which would mean you were suing yourself I suppose in this case, very odd!).

Above all, try to deal with this calmly and professionally. It's all very well people suggesting you retaliate with equally innapropriate behaviour, but this is your home, and you have to live there while you sort it out. Neighbour disputes can quickly escalate and they make people's lives absolute hell. You already know they are pretty unpleasant people, so don't want to turn this into a war of who can behave the worst, unless you are sure you can deal with the fallout.

devils_advocate

What you need is a brown paper bag, a poop scoop and a box of matches.

Go into the garden, get a particularly foul sample with the poop scoop, and put it into the brown paper bag. Wait until such dog owners are at home, then place brown paper bag on their doorstep. Use matches to light said bag. Ring doorbell and retire quickly.

When neighbours open the door, they will find a burning paper bag on their dorrstep. The natural reaction is to stamp on it frequently to extinguish the flames. You are waiting round the corner for the sound of the squelching.

Of course I dont expect to be taken seriously, but its a nice thought.

PROFESSIONAL_LANDLORD

:rotfl:

devils_advocate wrote: »

What you need is a brown paper bag, a poop scoop and a box of matches.

Go into the garden, get a particularly foul sample with the poop scoop, and put it into the brown paper bag. Wait until such dog owners are at home, then place brown paper bag on their doorstep. Use matches to light said bag. Ring doorbell and retire quickly.

When neighbours open the door, they will find a burning paper bag on their dorrstep. The natural reaction is to stamp on it frequently to extinguish the flames. You are waiting round the corner for the sound of the squelching.

Of course I dont expect to be taken seriously, but its a nice thought.

:rotfl:

$$$_12

maninthestreet wrote: »

Chocolate is poisonous to dogs, so that should get rid of the problem.

Is it really? To cover off the dogs for whom it is not - make sure it's laxative chocolate. Some persistance may be required but there cannot be many dog owners that will be able to put up with a dog with the trots in a flat for long. If that fails - do the same to the owners.