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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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Hi, I have problems with the upstairs neighbour dog which

Resolved Question:

Hi,
I have problems with the upstairs neighbour dog which I am terrified with. The neighbours co distantly open their door and let the dog out in the lane we both share. I can't access my garden or Shen if it's there, one time I was in the garden, the fog was let out so I was trapped in my garden for half an hour before it got taken in.
Upstairs own their flat, I rent from the council. I have had the council involved and they have tried to negotiate but the neighbours seem to just ignore the council.
I have now been to I need to seek independent advice as the council have closed my case.
Can you tell me what my rights are? I believe I have the right to feel safe when entering or exiting my .
Kind regards
Maggie
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What is the problem with this particular dog? Many people let their dog out in their garden area and they are permitted to do so.
Customer: replied 3 years ago.
The dog is a large husky type thing. It's the fact I am scared of all big dogs. To explain. It is 2 flats with 1 shared lane for access to the flats at the side. At the end of the building is the garden areas. I have the one nearest the building which is all fenced off, theirs is the bottom section also fenced off. We both have to use the lane to access our gardens. If the dog was in their garden that would solve but they leave it to run about the communal shared area ie the lane. It urinates there and barks etc preventing me from getting in or out. The council have tried to explain when they bought their flat, they didn't buy the lane as it's shared. Hope this helps.
Regards
Expert:  JGM replied 3 years ago.
Is the dog fierce or threatening in any way or are you just scared of dogs?
Customer: replied 3 years ago.


Hi,


I am just scared of big dogs, I have a wee bichon friese myself so not all dogs. This dog is big, has large teeth and barks very loud. It has gone for my dog on one occasion when it barged through my door and another occasion when it had past the door but the door was on the chain so couldn't get through. I thas also ran at me but I got into the house before it reached so me so I cant say if it would have gone for me but I wouldn't give it the chance, as soon as I see it running loose I run.

Expert:  JGM replied 3 years ago.
I am sorry that you're in this predicament.

In my opinion the council have a duty as your landlord to ensure that you are entitled to peaceful occupation of your home and the access to your home and to the garden ground.

The council should be asked to intervene again. They do have power to stop this kind of thing, especially if they factor the building.

Your other option is to see a solicitor and get a protection from harassment order against your neighbours. Such an order would have specific issues such as them not being allowed to let the dog run loose in any common areas.

You will have to see a solicitor personally to gauge whether this remedy, or indeed any other civil remedy such as interdict, might be possible.

Finally, as a dog owner and handler myself, might I suggest that you don't run away from the dog. It's unlikely to attack you if you stand your ground and stand up to it. Once is generally all that is required and you might be pleasantly surprised that when you show the dog who is in charge it will by nature settle towards you. I know that's not legal advice but I have been in a similar situation to you, in respect of a neighbouring German shepherd, which is now quite affectionate and friendly to me.

But I digress. The remedies available to you are as stated above.

Happy to discuss further.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
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