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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22624
Experience:  Senior Partner at Berkson Wallace
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I have been accused of having dogs that bark, it is not the

Customer Question

I have been accused of having dogs that bark, it is not the case. How can I prove it?
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.

Can we have the complete background please?

Who is making these accusations.

Who are they making them to and what problems is it causing?

 

Customer: replied 4 years ago.

It is a ongoing dispute - I am the freeholder in a converted victorian 2 flat building and the upstairs party have a 999 year lease. I live in the garden flat. All I would like to know is if there is an 'official/legal company' who could moniter my property to see that the dogs never bark and there is never a sound coming from my property. Karina

Expert:  James Mather replied 4 years ago.


You can get a noise consultant to install the various sound
recording equipment and then provide you with a report. You are going to probably
be paying about £1000 for that.

To be honest, I would tell the complainant to get lost and tell
them, if they feel really aggrieved, to refer the matter to the Environmental
Health Department at the Council and who will, if necessary, install sound monitoring
equipment and it will cost you nothing. From what you have said, I cannot see
why you should have that cost of bringing deemed in a noise consultant yourself.



 



If this neighbour simply complains all the time, then it is
harassment and you are entitled to go to the police to have them warmed under
the Protection from Harassment Act. In actual fact, they only need to complain
twice and on the third occasion it becomes harassment. They either have to do
something about it and issue court proceedings or refer the matter to the
Environmental Health Department or shut up



Does that answer the question? Can I answer any specific points?