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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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the question is regarding a problem with my neighbor. I own

Customer Question

the question is regarding a problem with my neighbor. I own a maisonette (leasehold), the contract states no animals that create nuisance with other leaseholders. Our neighbor has 4 dogs who continually bark and sometimes non-stop even at night. Can we actually do something about it, to either get the dogs removed or other solutions?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you have complained to the managing agents of landlord?
JACUSTOMER-3uf9p7z5- :

yes we have and a letter has been sent from the landlord to them. (to add here is the exact wording: "4. No bird dog or other animals which may cause reasonable annoyance to any owner lessee or occupier of the other maisonettes comprised in the Building or the lessor's property shall be kept in or upon the demised premises."

Alex Watts : But the landlord won't do anything? Have you complained to the council at all?
JACUSTOMER-3uf9p7z5- :

Council? - we bought the property and have a leasehold. Please enlighten me on your answer.

Alex Watts :

Yes I understand that.

Alex Watts :

The Council have a duty under the Environmental Protection Act to investigate any nuisance under the Act.

Alex Watts :

Therefore they can investigate, install noise monitoring equipment and see what the levels are.

Alex Watts :

If the Council consider this a nuisance they can prosecute your neighbour.

Alex Watts :

Clearly this does not cost you anything and is free.

Alex Watts :

However what you can not do is force the managing agent or Landlord to take action, it is a matter for them.

Alex Watts :

But the Council CAN take action and prosecute.

Alex Watts :

So although on first glance it seems strange I would consider that.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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