Q&A - My neighbours dog


  I live in a 4 storey block of flats rented through a housing association. The neighbour above me has a dog which is constantly on the balcony either barking or urinating which then comes down onto my balcony and furniture.    I have reported this to the housing association on numerous occasions but nothing has been done. Is there anything else I can do without approaching the neighbours directly as they have been aggressive and unapproachable when doing so in the past?     ANSWER    I would recommend contacting the management company or Landlord via the managing agents (if there is one in place) to report the issues.     They will be able to check the Lease to confirm   - if pets are allowed to be kept in the flat  - if permission has been granted    If pets are allowed and no permission has been granted then they will be in breach of covenant and the management company can take action against as they have a pet residing in the property.   If permission has been granted, as the dog is causing a nuisance, then the management company would reserve the right to revoke the permission,    If the lease is silent on keeping pets, there is usually a ‘nuisance clause’ within the lease and the management company could take action against them under this clause for breach of covenant.     In all of these cases, evidence would need to be gathered, so I would suggest photos are taken and a diary is kept of all of the disturbances.   Depending on the terms of your lease, if there is a mutual enforceability clause, then you may have to indemnify the Landlord against any financial liability in pursuing the case, should it have to be referred to solicitors to pursue through the tribunal or court system.   I would also recommend contacting the local Environmental Health Department, as they may be able to issue an enforcement notice in respect of the ‘health and safety’ implications and excessive noise, if this is determined.  This would also assist as evidence if the case were to end up in the legal system.     Helen Macrae, Operations & Compliance Manager, Evolve Block Management     


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