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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10113
Experience:  Barrister 17 years experience
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Our apartment block has a no pets policy which we signed on

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Our apartment block has a no pets policy which we signed on purchase. One tenant has now 3 dogs which are causing a nuisance. Several tenants and owners of the other apartments want the no pets policy enforced. The management committee are in agreement to act on this and are meeting tonight to try to outline a plan. It is owners of the complex who are voluntary directors to keep costs to a minimum.

The tenant has already been written to about the issue. They said the dogs would have collars which give a shock when they bark. This has not happened. Barking is the main issue but dog fouling on communal grounds is also a problem. Several times lately the dogs have been locked in a car outside the apartment so the barking is not coming from the apartment !! Still same impact in residents unfortunately.

The landlord to date has not assisted in resolving the issue.

1. Can you please help outline how to proceed to enforce the no pets policy now and the timeline / notice that has to be given to the landlord and the tenant?

2. What legal route can the management company progress quickly and with least cost ?

3. We anticipate resistance to enforcement as the tenant is permitted by the landlord to have the dogs but he does not have this discretion as he (like us) would have signed the purchase contract which states no pets. What action can the management company implement to enforce compliance against the landlord since he owns the apartment ?

And for the future ...How can we prevent future pers and a repetition of this ?

Many thanks.
1. At the outset, as each of the owners signed a "no pets" clause in their management contract when buying the property the proper procedure for enforcement of the "no pets" clause is via the management agreement. Here you should consult the master management agreement which the management committee should have. Usually, it gives power to the management to enter into (a "right of entry") any flat to enforce a management contract clause should a notice to desist served on the owner not be adhered to. Accordingly, the first step would be to serve the proper notice on both the owner and the tenant. After the requisite period, normally 14/21 days, the flat can be entered and the dogs taken away to the pound for safekeeping.
2. There are usually no legal proceedings necessary if the management contract has the appropriate right of entry clause. However, should legal action be necessary, you should ensure that the tenant is sued as well as the owner/landlord. In this way compliance will be forced on the tenant. You should realise that after the Multi Unit Development Act all of the management clauses are directly enforceable against any tenant.
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Customer: replied 3 years ago.

Thank you for your prompt response and I am very happy with what you have included in your response.
Can I please hold off closing out this question until tomorrow in case the management committee want clarification after their meeting tonight ?

Customer: replied 3 years ago.

Many thanks.
Rather than hold off on your Payment since you responded so prompt I will finish this question and rate the response.
Thank you.

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