How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32232
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I’ve got a legal question about using a communal garden with

Customer Question

Hello there, I’ve got a legal question about using a communal garden with a dog.we’ve been living in our rented flat in Streatham and using our communal garden with our dog and now few of the residents of the flats telling us dogs been banned from the communal garden.they don’t like us and dogs as far as I know it’s a law changed in 2022 about keeping dogs in rental places
JA: Where are you? It matters because laws vary by location.
Customer: I’m London Streatham
JA: What steps have you taken so far?
Customer: I contacted my landlord which he knows about our dog and a managing agent who’s dealing with the building issues
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: its a 24 flats in our building and most people knows about our dog I’ve got a 4 and a half months old baby and I don’t understand why I have to take the dog each time to the park when we’ve got a communal garden.few of the residents created a leaflet about the dog banned but it’s not formal from any lawyer or from a hml managing agents we have talked to them there has been no complaints about the dog
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Customer: replied 15 days ago.
Hello Joshua thank you very much and I’m happy to wait few minutes for your reply
Expert:  Joshua replied 15 days ago.

  1. I'm very sorry to read of the above. From what you say, I believe I'm correct to understand you are renting this flat rather than own the leasehold yourself. May I confirm if you have permission from your landlord to keep your dog at the property?
  2. was the property advertised as including use of the garden?
  3. are there any restrictions in your tenancy agreement restricting animals within the communal garden?
  4. Is your dog behaving in a way which objectively could be deemed to be a nuisance - e.g. excessive barking etc?

Customer: replied 15 days ago.
Sorry I can not pay for the phone call I was looking for a free advice.I’m happy to pay that £5 fee but unfortunately I can not pay more
Customer: replied 15 days ago.
I’m renting the flat and we’ve been living in the building almost for two years.My landlord knows about the dog but can not remember what’s in the agreement about the communal garden
Customer: replied 15 days ago.
The dog always on the lead when other residents out as we know some of them scared of dogs she is only off the lead once no one there.we clean up after her and she never destroyed anything
It’s been almost two years that we are using the garden with the dog but now they want us to stop going in with her
Customer: replied 15 days ago.
She doesn’t really bark I can forward to leaflet I’ve received in my letterbox yesterday
Customer: replied 15 days ago.
File attached (MQVP34G)
Customer: replied 15 days ago.
To be honest I’m not willing to stop taking my dog to the garden she doesn’t bother anyone except two couples who sent that letter
Customer: replied 15 days ago.
What they can do to me and the dog if they see me at the back?
Expert:  Joshua replied 15 days ago.

thank you. The starting point is that you have no agreement with the landlord or management company that manages the building as you do not have a lease. Your landlord has a lease and they would be bound by the terms and conditions of that lease but you are bound by any terms and conditions associated with your tenancy agreement. As such, the decisions of the management company are not directly binding upon you unless you have given a direct covenant in your tenancy agreement to abide by the terms and conditions of the registered lease.

That is not to suggest that you should simply act with impunity or insensitively to residents concerns. The only option open to your landlord would be to ultimately seek eviction proceedings against you either if your fixed term agreement has ended or on grounds of breach of tenancy if it hasn't though the latter is unlikely to secure possession for the landlord.

Customer: replied 15 days ago.
The landlord knows about the dog and he allow us to have her it’s that few residents that don’t want to dog in the garden.It’s not the managing agent who sent the letter they don’t know about the complaint.
So I can’t do anything about them to bend the dog from the garden?few of the residents are changed of the garden but it doesn’t mean they are owning the garden
Expert:  Joshua replied 15 days ago.

as above, this is not a decision which directly affects you in the legal sense subject as above and as such, there would be nothing preventing you continuing to act as you have done to date

Customer: replied 15 days ago.
Okay thank you
Expert:  Joshua replied 15 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 15 days ago.
Will do thank you
Expert:  Joshua replied 15 days ago.

I'm very glad the above was  of some assistance

Expert:  Joshua replied 14 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.