Rather than refer to tenant A and B it’s easier just to refer to me and/or the neighbour. Makes much more sense otherwise we have to remember who is who as we read.
Although it may not sound like it, this is a case of obstruction in my opinion.
I will give you some background on obstruction.
This right-of-way is said to be obstructed if the right-of-way is “substantial”.
What is substantial as a matter of the facts.
If for example the right-of-way is 20 feet wide and there was a bin on it, then it is not substantial obstruction.
If on the other hand there is only just enough room to get a car down in the right-of-way is on foot and with vehicles, and there is a bin on it, and it is a substantial obstruction IF it is there all the time.
It would not be a substantial obstruction it was only there for 30 minutes per week UNLESS it was every time you were going to go to work at that time.
Gates are probably the most common substantial obstruction that we get asked about.
A gate on a pedestrian right-of-way which simply swings open is not a substantial obstruction unless it would prevent, for example, someone with a wheelbarrow going through it as would happen with a swinging gate.
A locked gate which requires a key and for someone to get out of the car, open the gate, drive through, get back out of the car, close the gate, and drive on, is almost certainly substantial obstruction.
It is probably a substantial obstruction if it closes automatically and there is no lock.
In your case what you have here is a dog. Let’s exaggerate to prove the point. Let’s say it’s a huge vicious whatever it is, with huge teeth and a dribbling mouth that growls and leaps people and is really intimidating. That in effect stops you using the right-of-way and it is in my opinion substantial obstruction.
This is potentially an issue for the landlord because the landlord is allowing this to happen.
You have the right to have the obstruction removed. I think you have a substantial complaint to make to the housing association about the nature of this dog because I can understand why, with that type of dog, you are extremely nervous. I would be.
The housing association don’t do anything about it, the major complaint of the Housing Ombudsman.
From experience, I can tell you that it always is the newcomer that causes the problem and your situation is no different.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have