Breach of lease : Neighbours barking dog

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #46
    I dont understand why it needs to be statutory nuisance, as the lease is an separately written document with independently defined and determined legal terms.. i.e. our lease contains a clause that states that no owner or occupier must do "any act thing that may cause annoyance, nuisance, damage or disturbance to any other owner", no "nuisance pets" etc.

    I dont see why the threshold for nuisance needs to be "statutory" as this is the most serious kind... were talking about a private nuisance here...

    Comment


      #47
      Tw1982 - I'm with you on this, especially as the dog belongs to a shorthold tenant and not the Leaseholder of the basement flat. However I do think your only redress is through the Freeholder. Personally I would by-pass the Management Company and deal directly with the Freeholder, who again can only take action against the Leaseholder of the Basement Flat.
      A couple of thoughts:
      1) If the dog is barking for long periods of the day, it may be in distress. Have you contacted the RSPCA? You claim the flat is unsuitable for this size of animal and there may be evidence of neglect. I have heard of a number of similar situations where the RSPCA has acted and removed the distressed dog from unsuitable premises and/or absent owners. Does the dog get proper walks etc?
      2) Do you have any insurance covering legal bills? Often this is offered via house or vehicle insurance policies. I appreciate it is unlikely you directly insure your leasehold flat, but you may have contents cover which includes legal insurance.
      3) Is the Leaseholder who owns the Basement Flat going to want the risk of incurring large legal bills as a result of his/her tenant keeping a dog at the property? Very unlikely these costs could easily be reclaimed from the tenant, other than via the deposit, which they will probably vastly exceed.
      Often the threat of legal action, and the costs of defending it are sufficient to get the offenders to rethink.
      Good luck.

      Comment


        #48
        Every word of yours resonates with me. You couldn't have described it better.
        I am also in disbelief how people who are creating continuous nuisance, health issues, anxiety and financial loss can get away with it! Dogs with more rights then humans!
        I am curious if you went forward and if you solved anything. I truly hope you have peace and quiet in your apartment, you deserve it!

        Comment


          #49
          Hi guys, thanks for all your comments and support. Just wanted to submit a brief update for you.

          We have now prepared the case and instructed solicitors on this, who have since determined that they are in breach of lease for violating multiple clauses in the lease - including "no nuisance pets" and "annoyance and nuisance" clauses, along with "no parties after 11pm" and a few other covenants as well.

          Our solicitor has written to the owners demanding removal of the nuisance dog and threatening an injunction if its not removed - sadly they've since come back saying they will not remove it and intend to stay in the property, have launched a nasty personal attack on us along with a whole load of unsubstantiated counter accusations of supposed "nuisance to them" and classically - "harassment by us" for complaining of their nuisance dog and all their parties after 11pm in breach of lease.

          Our solicitor has also sent a demand to the managing agent to remove the animal - but again, they are (as they always have been) hopeless at doing anything, and are trying to say anything to get out of taking further action, while at the same time using unsubstantiated counter accusations from the nuisance dog owners to justify not taking action to remove the nuisance dog.

          As they have refused to remove the animal and the managing agent is reluctant to act, our next stage will be to make a formal application to the FTT for a determination that the nuisance dog is a clear breach of covenant. Assuming the FTT agree with our lawyers determination and our evidence that a breach of covenant has occurred, we will bypass the managing agent and go straight to the freeholder demanding removal of the dog, as presumably if we prove it at the FTT the freeholder cant lose and can go for an injunction without fear of any loss?

          We are hoping that given a formal determination from the FTT that the keeping of the nuisance dog is a breach of covenant, that the freeholder will have to act as otherwise he will also be in breach of contract and we will have a claim against him too.

          Weve been aware of the FTT (formally LVT?) for a while, but only found out yesterday we could file an application for a formal determination of a breach of covenant for not much expense!? It sounds too good to be true?

          Can anyone reassure us that this is actually the case? Can the FTT demand the removal of the animal? Or will the freeholder have to apply for an injunction following the determination the dog is a nuisance at the FTT?

          Any and all advice/help appreciated!

          Thanks.






          Comment


            #50
            Can you clarify - is your application to determine breach of covenant by the landlord (freeholder). What is the wording of the clause you are relying on?

            Comment


              #51
              Hi sid, thanks for your quick response. The breach of covenant is by the leaseholder of the flat below, whos tenants own the nuisance animal and who she is liable for. The way the lease is worded is that as a leaseholder I have to force the freeholder to take acton against the other leaseholder of the basement flat for breaching her terms of lease for allowing her tenants to keep a nuisance pet.

              In spite of 16 months of formal complaints, video evidence, video diaries, sound diaries and a judgement by a solicitor the managing agent is still not acting. By not acting they are effectively putting the freeholder in breach of contract, so I guess our case is with the freeholder for not enforcing the terms of lease against the basement leaseholder....

              The whole point of going to the FTT is to prove that there has been a breach of covenant by the freeholder for not acting on the nuisance from the basement flat - thus forcing him to take action against the other leaseholder.

              I dont believe we can take direct action against another leaseholder in the ftt to determine if they have breached the lease or not?


              Comment


                #52
                You can't apply to the FTT as you are not a party to your neighbour's lease. You are better off trying something like https://www.ebay.co.uk/itm/Outdoor-U.../352776510870?

                Comment


                  #53
                  As we have stated in the other post - we are all party to the same lease as leaseholders (we all have the same lease). The freeholder has a responsibility to uphold the covenants against all leaseholders... by not upholding the terms of lease against the offending leaseholder the freeholder is in breach of lease. Hence we are applying to the FTT for a breach of covenant that the freeholder has failed to act.

                  Comment


                    #54
                    FYI - we have been to the tribunal before under different circumstances with a previous neighbour/leaseholder in the same block of flats, and the freeholder was found to be in breach of lease for not taking action against previous owners party to the same lease in the building...

                    Comment


                      #55
                      So - you are taking the Landlord (Freeholder) to Tribunal. What is the lease clause the Landlord has breached?

                      Comment

                      Latest Activity

                      Collapse

                      • Responsibility of window frames
                        by charlie8899
                        Hello - I hope someone can help. I own a new build flat and have a faulty window that needs replacing. This will be quite costly and requires erecting scaffolding. I was surprised to hear from the building management company that windows are the responsibility of the leaseholder. This doesn't seem right...
                        23-09-2020, 08:05 AM
                      • Reply to Responsibility of window frames
                        by paulamis
                        When you say new build, is it new enough to still be under warranty. New house typically get 2 years from developer. And not sure if flats get it but usually 10 year warranty against serious issues.
                        23-09-2020, 09:01 AM
                      • Reply to Responsibility of window frames
                        by JK0
                        What does your lease say on the subject? (Reproduce relevant part here.)
                        23-09-2020, 08:09 AM
                      • Reply to Rats
                        by gnvqsos
                        Rats were brought by man on merchant vessels.Now man carelessly discards food and propogates the same rodents.Why should the council deal with this problem,when the causes can be identified and the culprits fined?Better to tax cheap nasty take away food,making men and vermin as fat as f......
                        22-09-2020, 20:03 PM
                      • Rats
                        by ETB
                        I have a tenant who has reported that he can here rats in the walls and ceiling of his 4th floor apartment. He says there are other complaints on the tenants facebook group. I have messaged the maintenance company (Name removed) but they are not replying. Just wanted to check who is liable, I'm assuming...
                        21-09-2020, 22:15 PM
                      • Reply to Tracing Freeholder
                        by flyingfreehold
                        The freehold must be registered, I suppose no reply from the address on the register?
                        22-09-2020, 18:46 PM
                      • Tracing Freeholder
                        by cjramona
                        Hi, I am new to the forum and sorry for jumping in but cannot find an answer that helps through the search function. I accepted an offer on my leasehold flat 2 months ago and I thought was close to exchange but the buyers solicitors are asking for my freeholder details. I renewed the lease in 2010...
                        22-09-2020, 13:06 PM
                      • Reply to Door Entry System Upgrade
                        by blipper
                        Thank you for your replies which give me food for thought.
                        Actually there are 3 floors and my flat occupies the third floor so I am the most inconvenienced by the present arrangement but don't mind as being a reclusive kind of person don't get a lot of people ringing my bell anyway!...
                        22-09-2020, 17:58 PM
                      • Door Entry System Upgrade
                        by blipper
                        Hi
                        I'm the lessee of a flat in a 6 flat block.
                        Although there is a main door intercom connected to each flat, when residents answer they cannot buzz open the main door but have to open it manually. This system was put in place many years ago for security purposes after a spate of break-ins...
                        21-09-2020, 15:36 PM
                      • Reply to Door Entry System Upgrade
                        by scot22
                        Fair point andy. Could of course be 3 on 2 levels. I commented without relevant facts.
                        22-09-2020, 16:59 PM
                      Working...
                      X