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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I own my own property and live next door to a house that is

Resolved Question:

I own my own property and live next door to a house that is rented out by the previous owner and is currently rented out via the DSS. A lady lives in the house with her son and two dogs. The house on the other side to the rented property is currently up for sale but they are having difficulty selling the house due to the state of the rented property i.e rubbish in the front garden, dogs tearing up the back garden, guttering needs fixing. The neighbour on the other side has spoken to the owner to say the house is in a mess but not much seems to have been done. This weekend their dogs chewed through the fence which runs between their back garden and mine and cause havoc in my garden. I had to call the police who managed to get the dogs back through the hole and boarded it up temporarily. This fence actually belongs to the owner according to my deeds, however I have been unable to get hold of her to tell her what has happened. Does myself or the neighbour on the other side have any rights? or can we contact the DSS?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask approximately how much damage the dogs have caused in financial terms would you estimate please?

Customer:

the two dogs damaged a. fence panel, broke a couple of hand brushes and flower pots - aprox total -£40 - £50. I am getting a new fence panel erected tomorrow. I have a cat too who I have had to keep in until the panel is fixed.

Joshua :

Thank you. Based on what you say would you consider that the tenant causes you a nuisance? If so could you briefly summarise any actions or inactions of the tenant that cause you nuisance - a nusance in law is anything that materially reduces your enjoyment of your land. An example would be the dogs that got into your garden. Are there any others?

Customer:

this tenant doesn't cause

Customer:

me a

Customer:

this tenant isn't a nuisance compared to the previous tenant! She is quite upset about the dogs getting through the fence. The dogs appear to be left along for long periods of time which I think leads them to be bored. Its the other issue as well of the rubbish on the front garden (old mattress, boxes) and the back garden looks like a rubbish tip with dog muck everywhere. this is definitely putting off people buying the house on the other side. If we cannot get hold of the owner of the property what else could we do?

Joshua :

Thank you. Finally do you know if this rubbish is the tenants rubbish or the landlords? If the latter, would the tenant prefer rid of it too?

Customer:

the rubbish is the tenants

Joshua :

Thanks and the tenant won't remove it herself I presume?

Customer:

yes that's right. she said that it costs money to remove the old mattress although im not sure how much

Joshua :

Thanks. There are a variety of rights you have if the tenant is causing you a nuisance and it is even possible to hold the landlord vicariously liable for the tenants actions or inactions in certain circumstances however from what you say the tenant is not causing you a nuisance so this limits your options. There is no right to require a tenant or owner to maintain a garden neatly. Nor is it possible to require a tenant to remove objects stored in the garden as of right. It is necessary to show that the rubbish is either attracting vermin or has the potential to do so or is creating a smell or is in sufficient quantity so as to pose a potential health hazzard in order to force the removal of the items. Would any of these things be the case?

Customer:

yes potentially a health hazard with regard to the dog muck

Customer:

and possibly the smell in the summer months

Joshua :

Quite. Thanks. On that basis you can ask the local authority's environmental health team to carry out an inspection. They can serve a notice requiring the tenant to remove the items in question. if the tenant ignores the notice the notice will advise that the council will remove the items and charge the tenant for doing so. The Environmental Health team at the council have powers to require a property tenant to ensure that their property does not cause a nuisance from smell or other health hazards from their activities or lack of activities on the land

Joshua :

It is also possible for you to take your own action under statutory nuisance in the county court but there is an applicatin fee to do so and therefore an initial request to the council would be preferable as there is no cost for this service.

Joshua :

If you wish to take your own steps in the county court you can make an application using form N16A

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402

Customer:

ok thanks for that. just one other thing as we cannot seem to get hold of the owner of the property do you know if the DSS would be able too?

Joshua :

They would have details of the landlord but they will refuse to give you this information.

Joshua :

You can find the landlords address for service registered at the Land Registry using the following link.

Customer:

yes presumably under the data protection act. ok thanks for your help. janet

Joshua :

If the landlord has registered an up to date address for service - which a non resident landlord usually would, this will be shown in the B Proprietorship Register. There is a fee of £4 for a copy of the register entries for the title.

Joshua :

http://www.landregistry.gov.uk/public/property-ownership

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Customer:

that's great thanks for your help .

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

will do thank you Janet

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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