It is an offence under the Dog Fouling (Scotland) Act 2003 to allow a dog to foul and not remove the faeces immediately. It is also a breach of the tenants’ tenancy conditions to allow a pet to cause a nuisance.

The Association first received complaints from neighbours in August 2014 about the dog fouling shortly after the tenant moved into her address. Following warnings regarding the dog mess and following investigation permission to keep her pets was withdrawn.

The tenant assured the Association that there would be no more issues with fouling and she was allowed to keep the pets. Unfortunately complaints about the dog fouling were again received from neighbours, and again after investigation permission to keep her pets were withdrawn for the second time.

Despite the tenant being given a reasonable opportunity to find an alternative home for her pets she refused to do so leaving the Association no other option than to begin legal action to end her tenancy.

The Association’s solicitor applied for an eviction order and at a hearing in December 2016 at Aberdeen Sheriff Court the tenant admitted that she had persistently allowed her dogs to foul in the common areas and had not cleaned up after them.

The Association was pleased to have been supported in their action by the neighbours, one of whom was prepared to appear as a witness in court. The Association also worked closely with an Aberdeenshire Council Dog Warden.