SnailyBoy Posted May 31, 2016 Share Posted May 31, 2016 Can you establish that the dog is dangerously out of control, because if not then the law you keep quoting doesn't apply. https://www.gov.uk/control-dog-public/overview Out of control Your dog is considered dangerously out of control if it: injures someone makes someone worried that it might injure them Is it reasonable to be worried that a massive dog on the loose might injure a small child, or anyone else for that matter? Link to comment Share on other sites More sharing options...
tzijlstra Posted May 31, 2016 Share Posted May 31, 2016 There is only the 2nd hand statement from the tenants that the dog is out all the time. And given that they've contacted their landlord instead of just speaking to the neighbour in the first place, I'd give the benefit of the doubt to the dog owner at the moment. True, not disputing that. If I rented the accommodation I would definitely contact the neighbours myself, we live in a weird world where people feel they have to contact their landlord for this sort of issue really. Link to comment Share on other sites More sharing options...
Chelle-82 Posted May 31, 2016 Author Share Posted May 31, 2016 I popped in last night and spoke with the neighbours, i explained very sheepishly about why i was there and they were extremely nice about it to my relief! The plan is to put up a small fence and gate where the grass starts on their garden so it leaves the walk way free and the dog will be able to happily play outside without 'bothering' my tenants.. I've offered to go halves with them which at first they wouldnt accept but i was adament and i have also offered to organise for some quotes to save them any hassle. Apparently they were already considering doing this anyway so it was a very quick and mutual decision.. They were slightly miffed as to why my tenants hadn't been round themselves and spoke to them but i just think they maybe felt it wasn't their place or felt uncomfortable.. I just hope this doesn't cause any ill feelings towards each other.. So good result me thinks! And the dog really is a lovely tempered dog, just very giddy and very BIG!! you can easily see why some people would feel threatened by her.. Link to comment Share on other sites More sharing options...
Olive Posted May 31, 2016 Share Posted May 31, 2016 (edited) Chelle-82, this has put you in a difficult situation, I sympathise. Yes, the tenants should man up and talk to their neighbours, but they are good tenants and I don't blame you for wanting to keep them on side. I can totally see why anyone, particularly someone with little kids, wouldn't want to be faced with a huge dog, even a friendly one, every time they went in or out. Never mind that it's not aggresive. You'd think the dog owners would have considered the shared access when they got the flippin' thing. It's not exactly secure is it? Those dogs are expensive, like others have posted, the last thing you want is someone else leaving the gate open. Maybe you could suggest to the neighbours that they fence off a separate bit for the dog? That way everyone's happy - they get security for the dog, your tenants get to pass without worry. Could you even offer to help put the fencing up? I know it's not your responsibility, but it might solve a problem, and if your tenants move, who's to say future tenants wouldn't be put off by the dog? Edited May 31, 2016 by Olive Link to comment Share on other sites More sharing options...
Chelle-82 Posted May 31, 2016 Author Share Posted May 31, 2016 Chelle-82, this has put you in a difficult situation, I sympathise. Yes, the tenants should man up and talk to their neighbours, but they are good tenants and I don't blame you for wanting to keep them on side. I can totally see why anyone, particularly someone with little kids, wouldn't want to be faced with a huge dog, even a friendly one, every time they went in or out. Never mind that it's not aggresive. You'd think the dog owners would have considered the shared access when they got the flippin' thing. It's not exactly secure is it? Those dogs are expensive, like others have posted, the last thing you want is someone else leaving the gate open. Maybe you could suggest to the neighbours that they fences off a separate bit for the dog? That way everyone's happy - they get security for the dog, your tenants get to pass without worry. Could you even offer to help put the fencing up? I know it's not your responsibility, but it might solve a problem, and if your tenants move, who's to say future tenants wouldn't be put off by the dog? See post above Link to comment Share on other sites More sharing options...
Olive Posted May 31, 2016 Share Posted May 31, 2016 Flip - just seen your post - there must have been some telepathy going on there! Link to comment Share on other sites More sharing options...
Cyclone Posted May 31, 2016 Share Posted May 31, 2016 https://www.gov.uk/control-dog-public/overview Out of control Your dog is considered dangerously out of control if it: injures someone makes someone worried that it might injure them Is it reasonable to be worried that a massive dog on the loose might injure a small child, or anyone else for that matter? The problem with that line is that people worry about all sorts of things without there being a realistic chance of the thing happening. Someone with an extreme phobia of dogs might worry that a 15 year old sausage dog asleep in the sun on a leash might injure them. Clearly any reasonable person would say that the worry is unjustified and that the dog was quite obviously not "dangerously out of control". At a guess a court would apply the "reasonable person" test as it does to other slightly vague areas of the law which depend on the judgement of someone. ---------- Post added 31-05-2016 at 11:20 ---------- I popped in last night and spoke with the neighbours, i explained very sheepishly about why i was there and they were extremely nice about it to my relief! The plan is to put up a small fence and gate where the grass starts on their garden so it leaves the walk way free and the dog will be able to happily play outside without 'bothering' my tenants.. I've offered to go halves with them which at first they wouldnt accept but i was adament and i have also offered to organise for some quotes to save them any hassle. Apparently they were already considering doing this anyway so it was a very quick and mutual decision.. They were slightly miffed as to why my tenants hadn't been round themselves and spoke to them but i just think they maybe felt it wasn't their place or felt uncomfortable.. I just hope this doesn't cause any ill feelings towards each other.. So good result me thinks! And the dog really is a lovely tempered dog, just very giddy and very BIG!! you can easily see why some people would feel threatened by her.. Couldn't have gone much better really. Link to comment Share on other sites More sharing options...
SnailyBoy Posted May 31, 2016 Share Posted May 31, 2016 The problem with that line is that people worry about all sorts of things without there being a realistic chance of the thing happening. Someone with an extreme phobia of dogs might worry that a 15 year old sausage dog asleep in the sun on a leash might injure them. Clearly any reasonable person would say that the worry is unjustified and that the dog was quite obviously not "dangerously out of control". At a guess a court would apply the "reasonable person" test as it does to other slightly vague areas of the law which depend on the judgement of someone. At what point would the dog in question have been 'dangerously out of control'? Link to comment Share on other sites More sharing options...
Cyclone Posted May 31, 2016 Share Posted May 31, 2016 At what point would the dog in question have been 'dangerously out of control'? The one in my example, it would be the point where the phobic person became worried that it might injure them. That being my point, the worry is entirely irrational, but it can still occur. Link to comment Share on other sites More sharing options...
SnailyBoy Posted May 31, 2016 Share Posted May 31, 2016 I popped in last night and spoke with the neighbours, i explained very sheepishly about why i was there and they were extremely nice about it to my relief! The plan is to put up a small fence and gate where the grass starts on their garden so it leaves the walk way free and the dog will be able to happily play outside without 'bothering' my tenants.. I've offered to go halves with them which at first they wouldnt accept but i was adament and i have also offered to organise for some quotes to save them any hassle. Apparently they were already considering doing this anyway so it was a very quick and mutual decision.. They were slightly miffed as to why my tenants hadn't been round themselves and spoke to them but i just think they maybe felt it wasn't their place or felt uncomfortable.. I just hope this doesn't cause any ill feelings towards each other.. So good result me thinks! And the dog really is a lovely tempered dog, just very giddy and very BIG!! you can easily see why some people would feel threatened by her.. You've gone the extra mile there.... ---------- Post added 31-05-2016 at 11:38 ---------- The one in my example, it would be the point where the phobic person became worried that it might injure them. That being my point, the worry is entirely irrational, but it can still occur. No, the dog in the OP. Link to comment Share on other sites More sharing options...
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