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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a flat in UK (I am currently in it but am resident in

Resolved Question:

I have a flat in UK (I am currently in it but am resident in France). I let the flat when I am not in it. Another flat owner has a dog which the owner walks in and out of the 'common parts' with very muddy feet and the foyer carpet is very discoloured and stained as a result. There are often serious lumps of mud and mud on the mat surrounds etc. The flats were brand new at the beginning of 2012. The dog also barks when (I think) the owner is out. The managing agent said (legally) at the beginning that one must have permission to have a dog in these flats. They are evasive when I ask if this owner has had such permission. I have had many dogs and like them but when they have been for a walk and have muddy feet (we live next to a river) I would always clean them with a towel before dirtying carpets etc. There is a dirty track from the front door to the owner's flat. I let my flat and rely on the income but the first impression on entry is now getting very grubby. I have approached the managing agents several times on this and they say the dog owner is having the carpet cleaned. It was supposed to be today (whether it happened I don't know as I was out all day) but there is little or no improvement to the deep stains. The owner 'walks' the dog over a short cut on nice planted flower beds (one can see the paw marks) and branches have been broken off. Please advise on the duties of the managing company and what I should say to them next. Thanks


 


PS Other owners have also complained.

Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

What does the lease say about pets?

Tom
Customer: replied 1 year ago.

It says owners must have permission to have pets. I have asked the managing agents two or three times if permission was given for this pet and they never answer.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If others have complained then the first thing I would do is canvass the opinion of the other flats with a view to writing one letter countersigned by all other flat owners/occupiers who have a problem with this.

In the first instance you should ask whether or not permission has been given. Give them 7 days to reply. If they have not given permission then you should advise that the dog is presently in conflict with the tenant’s covenants in the lease.

You need to check the lease to refer to the pet clause. State that you all together wish to impress upon the managing agent that you are against the dog being there.

If (as is probably likely) permission has been given then you need to check the lease for a clause requiring all tenants to use the common areas in a tenant-like fashion and to keep them clean and tidy.

Write a further letter advising that the tenant is in breach of the clean/tidy clause and ask them to enforce compliance by her getting a cleaner or either the managing agents getting a cleaner and then recovering the funds from the tenant only (rather then being added to the total managing costs).



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Kind regards,


Tom
Customer: replied 1 year ago.

Thanks Tom. Can I leave this 'open' until we get a 'result'? i.e. until we get some solution I can't really rate your advice. I am perfectly happy with it so far.

Expert:  Thomas replied 1 year ago.
Hi,

That's not generally the way that this works. I've provided you with the answer.

Please rate my answer. If you have follow ups based on what happens next then just reply to this thread (I'll leave it open after you have rated) and I will assist.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6369
Experience: BA (Hons), PgDip, Practising Solicitor
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