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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69977
Experience:  Over 5 years in practice
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Hi, I would like to know what I can do to prevent my neighbours

Resolved Question:

Hi, I would like to know what I can do to prevent my neighbours cats from entering my property. My next door neighbour uses their home acts as a rescue home for strays and animals that need re-homing. They currently have a number of cats and dogs in their property. The dogs bark most evenings and regularly at unsociable hours. The main issue I have is that the cats from the property are constantly fouling in my garden. I have a 7 year old son who we cannot allow to go and play in the garden unless we have ensured that all the mess is cleaned up. On top of this there is a constant odour which wafts in to my garden from the neighbours garden. It is even worse when my neighbour has their back doors open.
Please can you advise what action I can take against my neighbours. My ideal scenario is that they have all of the animals removed
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
There is no prospect of removing all the animals I'm afraid and not a high one of removing any.
I presume you mean that they get into your garden rather than into your actual house?
Customer: replied 2 years ago.

Hi Jo,

They are getting into my garden rather than into my house. Could the fact that they are acting as a rescue home be considered using the property for activities which are not of a residential purpose?

Expert:  Jo C. replied 2 years ago.
A residential home is perfectly free to keep pets.
If a person keeps more than 11 pets then the local council will require that they get a boarding establishment licence but all that would mean is that they need a licence. That would not mean they have to remove the animals.
Cats are semi wild animals in law. Their owners are not responsible for their conduct when roaming as they are with dogs.
You could possibly try to sue for nuisance because of the volume of cats maybe but its always very difficult to quantify the cost of having to dispose of animal waste essentially because it causes no monetary loss but inconvenience.
There are sprays you can buy that deter cats from entering your garden. Pets at home do a very effective one. In legal theory you could sue for the cost of the spray but a court may be displeased to be troubled with a claim for that sum. You never know how that type of thing would go. Some courts would understand that its an ongoing cost and so a meritorious claim. Others will look at the instant claim in isolation.
You could get a solicitor to write to the neighbour warning of the risk of nuisance for about £100 plus VAT. That might lead to a different attitude from your neighbour.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

If I was to get a solicitor involved what could be a potential outcome if an initial letter did not lead to a change in attitude from my neighbour

Expert:  Jo C. replied 2 years ago.
Letters before action have no legal standing of themselves but they often work with lay people
Customer: replied 2 years ago.

I would like to understand what action a solicitor may say I could take if a letter from them would not change my neighbour's attitude. Could an anti social behaviour order be applied to them and what could that mean?

Customer: replied 2 years ago.

I would like to understand what action a solicitor may say I could take if a letter from them would not change my neighbour's attitude. Could an anti social behaviour order be applied to them and what could that mean?

Expert:  Jo C. replied 2 years ago.
You cant apply for an anti social behaviour order. Only the council or the police can do that and they are not going to do so because they run a rescue I'm afraid.
I covered your other options above.
Jo C., Barrister
Category: Law
Satisfied Customers: 69977
Experience: Over 5 years in practice
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