Communal access issue

Piglet31

More issues with the place I'm renting. The house in which we live is split into 8 flats. 3 ground floor the rest on 1st and 2nd floor. The parking is to the front of the property, the ground floor flats gardens and communal gardens to the rear along with a well used tarmac pathway linking the towns either side and beyond. The tenant next to the communal path giving the only access to and from front to rear has recently put up a sign -  I think to deter the other residents from using the access and disturbing his peace. He has a large mix breed dog which has previously come onto our garden and attempted to attack my toy dog - luckily he was muzzled and so unable to. I'm trying to establish if the sign is legal. Is it the responsibility of the dog owner or the landlord to ensure the path is safe to use.  I've tried contacting Shelter but as you would expect their online chat is always busy helping people. I personally find this sign very intimidating, and the dog i think is genuinely a concern going forward. Any ideas what I can do please?
The gravel path you can see to the side of the picture is the communal access one.

Ayr_Rage

Put a note through their door "Don't forget YOU ARE responsible for the actions of your dog"

Section62

Piglet31 said:

More issues with the place I'm renting. The house in which we live is split into 8 flats. 3 ground floor the rest on 1st and 2nd floor. The parking is to the front of the property, the ground floor flats gardens and communal gardens to the rear along with a well used tarmac pathway linking the towns either side and beyond. The tenant next to the communal path giving the only access to and from front to rear has recently put up a sign -  I think to deter the other residents from using the access and disturbing his peace. He has a large mix breed dog which has previously come onto our garden and attempted to attack my toy dog - luckily he was muzzled and so unable to. I'm trying to establish if the sign is legal. Is it the responsibility of the dog owner or the landlord to ensure the path is safe to use.  I've tried contacting Shelter but as you would expect their online chat is always busy helping people. I personally find this sign very intimidating, and the dog i think is genuinely a concern going forward. Any ideas what I can do please?
The gravel path you can see to the side of the picture is the communal access one.

The sign has no legal standing and both the landlord and dog owner have responsibilities for ensuring the path is safe to use.

I would check with your local council to see if they still have a dog warden service.  If so, send them a copy of the picture and explain your fears as well as the history of their dog attacking yours.  Often they will come out and have a friendly chat with the owner of a problem dog, or a less friendly chat if there are wider issues involved.  This may not make you popular with the neighbour, but you need to think about your own safety and that of your dog.

marcia_

 A sign does not absolve them of responsibility or criminal prosecution 

DullGreyGuy

The sign isn't illegal however it doesn't mitigate their liabilities either.

Piglet31

That's really helpful thank you @Section62 I'll check out the dog warden situation. I cant help but think there's some responsibility on the landlord too knowing a potentially vicious dog is adjacent to the communal path, particularly if it prevents tenants from accessing areas they are paying for?

Piglet31

Piglet31 said:

That's really helpful thank you @Section62 I'll check out the dog warden situation. I cant help but think there's some responsibility on the landlord too knowing a potentially vicious dog is adjacent to the communal path, particularly if it prevents tenants from accessing areas they are paying for?

Council website info - 

"A dangerous dog is one that is dangerously out of control to the extent that it has bitten a person, or there is a very real fear that it is likely to do so. This should be reported to the police, the Dog Service cannot enforce any law regarding these issues. If you see a dog on dog fight this is a civil matter which an individual owner must deal with privately through courts.

Dogs thought to need a muzzle can only be enforced by the police through the courts".

Section62

Piglet31 said:

Piglet31 said:

That's really helpful thank you Section62 I'll check out the dog warden situation. I cant help but think there's some responsibility on the landlord too knowing a potentially vicious dog is adjacent to the communal path, particularly if it prevents tenants from accessing areas they are paying for?

Council website info - 

"A dangerous dog is one that is dangerously out of control to the extent that it has bitten a person, or there is a very real fear that it is likely to do so. This should be reported to the police, the Dog Service cannot enforce any law regarding these issues. If you see a dog on dog fight this is a civil matter which an individual owner must deal with privately through courts.

Dogs thought to need a muzzle can only be enforced by the police through the courts".

Yes, that relates to situations where the issue meets the tests where an offence may have been committed by the owner.

In your situation it is more about concerns, and perhaps particularly a possible welfare issue for the dog if the owner genuinely believes that putting a sign like that up means they don't have any responsibility.  This is more about ASB, rather than offences, and ASB is a council responsibility.

sheramber

 Putting up sIch asogn is admitting you have a dangerous dog which makes you more responsible for the dog's behaviour. 

You cannot claim you did not know he was dangerous or that he would injure someone.

You might draw his attention to the Dangerous Dog Act 1991

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

It’s against the law to let a dog be dangerously out of control anywhere, such as:

• in a public place
• in a private place, for example a neighbour’s house or garden
• in the owner’s home

The law applies to all dogs.

You can report a dog that’s out of control.

.................

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

Penalties

You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).

If you allow your dog to injure an assistance dog (for example a guide dog) you can be sent to prison for up to 3 years or fined (or both).

Piglet31

sheramber said:

 Putting up sIch asogn is admitting you have a dangerous dog which makes you more responsible for the dog's behaviour. 

You cannot claim you did not know he was dangerous or that he would injure someone.

You might draw his attention to the Dangerous Dog Act 1991

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

It’s against the law to let a dog be dangerously out of control anywhere, such as:

• in a public place
• in a private place, for example a neighbour’s house or garden
• in the owner’s home

The law applies to all dogs.

You can report a dog that’s out of control.

.................

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

Penalties

You can get an unlimited fine or be sent to prison for up to 6 months (or both) if your dog is dangerously out of control. You may not be allowed to own a dog in the future and your dog may be destroyed.

If you let your dog injure someone you can be sent to prison for up to 5 years or fined (or both). If you deliberately use your dog to injure someone you could be charged with ‘malicious wounding’.

If you allow your dog to kill someone you can be sent to prison for up to 14 years or get an unlimited fine (or both).

If you allow your dog to injure an assistance dog (for example a guide dog) you can be sent to prison for up to 3 years or fined (or both).

That sums it up, thanks so much. I just need to check who to report to...

ThisIsWeird

Piglet, what typically happens regarding this dog when you access any of the communal paths and areas you are entitled to? 
Does this dog also have access to these communal areas? Or does it 'just' bark, snarl, whatevs, at you from the other side of the owner's fence? Is it securely contained? How did it get into your garden that time?
Who is the Freeholder? Pretty sure no Leaseholder is entitled to up up any sign on a communal area without permission. From what you describe, if his dog has no free access to the communal paths and areas, then there shouldn't be a sign (unless agreed by the FH or ManCo). It should, instead, be positioned at the boundary or entrance to his private garden where the dog is kept. I suspect it's as you say - it's a deterrent to folk going down that path.
If the dog goes ballistic whenever anyone walks past, then set your phone to record as you walk past. Do so whilst walking your own dog past too - start building a record of what could constitute a statutory nuisance, just in case you need to go this route.
And have a word with the FH.