How to enforce a clause in a lease (re dog foul in communal area)

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Good morning.

I own a maisonette which shares a commmon access pathway with three other mainsonettes. The people in the maisonette above leave filled dog poop bags beside their front door on the common access pathway, building a pile of doggy bags which are then finally placed in the dustbin once a week.

I rent my property to a lovely tenant who is naturally unhappy to have to walk past these bags several times a day. It is even worse when she has her grandchildren to stay as they are attracted by the colourful doggy bags. Also when the weather is hot they attract flies.

I have spoken to the people upstairs about this several times but they continue to do this and have been verbally aggressive towards me.

I've spoken to the Environmental Health Dept who have written them a letter asking them to desist, but they say they can do no more as it's not on a public area.

I've checked my lease and there is a clause saying the Lessee shall 'not permit or suffer to be done....on the common passageway ....any act ommission or thing which shall or may be or become a nuisance damage annoyance or inconvenience to the landlords or their tenants or the occupiers of any adjoining or neighbouring premises'. They therefore appear to be in contravention of their lease.

Please will you advise how I can proceed regarding this? Do I need to convince the freeholder to get involved to enforce compliance with the lease? If they are not interested (which I suspect may be the case) is there any other recourse available so that I can pursue this myself?

Your advice will be much appreciated. Thank you.

14/10/2017 08:28

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Martin Co
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