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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We live in England, next door to another rented property

Resolved Question:

We live in England, next door to another rented property with the same landlord. Both tenancies say 'no dogs'. Next door has now bought 2 dogs. The landlord says he has exercised his discretion and allowed the dogs to stay. The dogs are leaving copious dog mess all day, every day - just feet from our front door and the sight, smell and flies are very offensive. The tenant refuses to clear up. Does the landlord have any liability here? Can we press him to deal with next door's tenant, since he exercised his discretion to permit the dogs?

One additional fact. The landlord is a "doggy lover" while his wife is not. He cannot seem to separate his love of dogs from his responsibilities as a landlord.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether this is a flat or shared property?

Alex Watts :

Also does the tenancy agreement say not to cause noise or annoyance to others please?

Customer:

Hi Alex

Customer:

Yes we live in a 4 bed semi house. The problem is with the joined 3 bed semi house. Yes it does say not to cause any nuisance to others.

Customer:

btw I'm Preston

Customer:

Alex - one additional point to note. we hope to be moving out during the next 6-9 months, following recuperation from major surgery which we've both undergone during 2014.In the ultimate event of this problem not being sorted and the landlord not taking any action which he might be obliged to do, is our ultimate sanction to withhold part or all of the rent?

Customer:

The real purpose of my inquiry is to get the problem stopped - not to withhold rent. I just need to know whether I have that sanction as a 2nuclear option"

Customer:

Hi Alex - I see the angle you might recommend - that the other tenant is causing nuisance to others, contrary to his tenancy agreement. The landlord would have to deal with that from his position. In the event the landlord might be unwilling to do so (he's a bit weak & can't stand any conflict) or if he tried with no response from the tenant - where do we go from there? What are our options please

Alex Watts : Is the landlord just refusing to do anything?
Customer:

Refusing is putting it too strongly. He's spoken to the tenant twice, told him to clean up but the tenant is ignoring him. The landlord can't really see why we are unhappy but has "gone through the motions" for us. He can't see its anything to do with the landlord, even though they allowed dogs on a "no dpgs" contract.

Customer:

Does this help?

Customer:

Alex - more b/g. After the tenant's public outburst last weekend the landlord spoke to him Tuesday saying 'if the dogs crap clean it up straight away' . Yesterday Friday there was lots of fresh dog faeces all oner the front near our door and the tenant and his wife deliberately ignored it - she was home all day, he was home at 4pm, they cleared it up at 10.30am Sat. Reasonable behaviour? It was unsightly, smelly & encouraged flies in our garage and kitchen.

Customer:

I could copy to you the 3x emails I've sent to the landlord over the past 6+ weeks if req.

Alex Watts : Have you reported anything to the police?
Customer:

No, not yet. The nuisance is wholly on their property, beside or garage and door. The police or council are likely to say it's a civil matter (unless you can tell me otherwise?) and not act ... Correct?

Customer:

I'd prefer the landlord to act to deal with his tenancy-agreement-breaking problem. Does he have an obligation? If not what are my options, please?

Alex Watts : Sadly your landlord only has the power the deal with this. The landlord can refuse and there is nothing you can do to make him do anything
Alex Watts : However if you are being harassed by the neighbours you can get a solicitor to send a letter and ask them to stop or say you are going to court,
Alex Watts : If they still refuse you can issue proceedings and seek an injuunction to prevent contact direct or indirectly.
Alex Watts : You would need to complete form n208
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Alex Watts : and form n16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court would issue the claim and set it down for a hearing. At this first hearing a judge would see whether it was contested and if not then make the order final. If the matter was contested the judge would give directions and set it down for trial and decide whether an interim order was required to stop harassment
Alex Watts : if the order was breached this is contempt of court and they can be warned, fined or sent to prison
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hi Alex, thank you. No, since his out public burst last Sunday the only harrassment we have suffered has been the indirect unpleasantness of having his dog dirt next to our house & door all week, uncleared. I shall continue to press the landlord to press the matter but if not, is 'harrassment' intended as personal to me or my safety, ie threatening behaviour, or does it include the dog dirt next to us? If it were possible that the issue of dog dirt were seen as harrassment I would be quite prepared to seek an injunction although I hope it was not necessary. Thank you for clarifying the position Alex, I hope the neighbour sees sense before it gets to the next stage - depending on your clarification of harrassment - my person or environmental. rgds Preston

Alex Watts : Indeed Preston. Good luck with this. Is there anything else I can help with today please?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Many thanks Alex - extremely helpful & informative. Wish me luck ... P

Alex Watts :

Thanks - if you could rate the answer, its the button at the bottom I would be happy!

Customer:

Yes done so; "Excellent service"

Alex Watts :

Thanks - its not showing - could you try clicking it again?! Thanks!

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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