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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have six working spaniels in my kennels in the back garden

Resolved Question:

I have six working spaniels in my kennels in the back garden of my home. Does anyone from the local authority have the power to enter my premises without my permission, say in my absence, in order to check on such matters as odour or hygiene? A neighbour who is a serial complainant has made a complaint and I want to be sure of my facts when I reply. The dogs are my own, all but one home-bred. The youngest is two, the oldest 14. I only breed occasionally, when I need another generation. Advice would be welcome. James D.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello James my name is ***** ***** I will help you.

Just to be clear, have they reported this to the Council at all please?
Alex

Customer: replied 1 year ago.
I have received a letter from the DC addressed to Owner/Occupier(s) headed Environmental Protection Act 1990 Section 79 & 80, subject heading Re Odour, beginning: I am writing to you following a complaint received by Environmental Services in relation to odour ... which I initially investigated by conducting a visit to your property and the neighbouring property ...
Customer: replied 1 year ago.
I might add I have not given permission for access.
Expert:  Ash replied 1 year ago.

Ok - if its not locked then yes they can visit, if its in the garden.

What they can not do is break in anywhere. But if its an offence they suspect under the Environmental Protection Act (and odour is) then they can investigate.

As long as they dont break in, they can climb over a fence or go through a gate.

Can I clarify anything for you about this today please?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK, thank you. I think I can cope with the questions I am being asked.
Expert:  Ash replied 1 year ago.

Great - thanks! Good luck. Alex