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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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Hi, we have barking dogs next door to us, the neighbours were

Customer Question

Hi, we have barking dogs next door to us, the neighbours were out yesterday from 6 pm to 1 am and we had to leave out house and sleep at relatives as our child could not sleep for the noise (2 Great Danes). We cannot speak to the neighbour as she doesn't care that it is happening- she is still holding a grudge that we reported her to the police and they prosecuted when one of them bit my husband. One of the dogs now has a control order on it to be on a lead on all times in our street. She also got in trouble on another occasion when her dogs attacked other dogs and they had to go to control classes.
Sadly the two cases were not linked together so the magistrates are unaware of the dog biting my husband.
My question is what can we do about the barking apart from report her to the council...we have been trying to sell our property so cannot report her as we'd have to declare it.
Could we go down the neglect route? The owner is away at the moment and
the people she has left in charge are not responsible enough to maintain quiet.
Please advise, we are desperate and feel helpless.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you complained to the Council please?

JACUSTOMER-42lcliv5- :

No, as stated our house has been for sale and therefore we would have to declare a neighbour dispute.

Alex Watts :

Yes you would.

Alex Watts :

What is it you want to achieve please?

JACUSTOMER-42lcliv5- :

I want to know if there is anything I can do about the noise without having to speak to the council or am I, as I suspect, in a catch 22 situation?

Alex Watts :

Catch 22

Alex Watts :

I am sorry to say.

JACUSTOMER-42lcliv5- :

Is there any law regarding my child not being able to sleep and us having to leave our property to achieve sleep.

Alex Watts :

If they neighbour wont do anything you need to speak to the Council or a Solicitor

Alex Watts :

Yes it would be the Environmental Protection Act

Alex Watts :

The Council has a duty to investigate any matters which are prejudicial to health

Alex Watts :

But only the Council can do this

Alex Watts :

Unless you instruct a Solicitor to write

Alex Watts :

But again, its catch 22

JACUSTOMER-42lcliv5- :

As I thought originally.

Alex Watts :

I am sorry its not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-42lcliv5- :

Absolutely.

JACUSTOMER-42lcliv5- :

yes, how do I get a refund.

Alex Watts :

Refund for?

JACUSTOMER-42lcliv5- :

for not being 100% satisfied

Alex Watts :

You need to speak to customer services

JACUSTOMER-42lcliv5- :

thank youy

Alex Watts :

ok