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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2879
Experience:  Solicitor at BLM
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My neighbours have a dog that barks incessantly. They slam

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My neighbours have a dog that barks incessantly. They slam the front door and have ignored all requests to lessen the noise impact which stops me from enjoying the peaceful enjoyment of my own home. We live in shared Victorian house to flats convertion. I am a freeholder, they are tenants. I have contacted their agency on several occasions. Foxtons. They have never followed by complaint or contacted me besides having made assurances they would.
JA: What steps have your neighbors taken so far? Have they prepared or filed any paperwork?
Customer: Not that I am aware. They moved in in Januray. I imagine they have a contract. They have made little effort to curb their noise or dog barking.
JA: Have they talked to a lawyer about this?
Customer: No. Sorry, but why would they? I have the complaint about the noise. They simply don't care.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, I don't think so. I'm not sure how this works. Friend recommend this site.

Hello

Welcome to JA.

My assumption is in you live in England or Wales, if not please let me know?

Based on the info provided it appears you have nuisance cause of action against neighbour given the noise interrupts your right to the peaceful enjoyment of the property.

In view of this you have a number of ways to stop such action.

The first option is reporting the matter to you local council. You do this by notifying them you wish to report a noise complaint to the Environmental officer. Then the officer will investigate the matter and if they accept your position they will notify the neighbour to STOP the nuisance. If they fail to listen to the order then the council take matters further which can lead to a criminal case against the neighbor.

The other option is under Section 82 of the Environmental protection Act 1990 allows a Magistrates' court to act on a complaint made by any person on the grounds that he is aggrieved by a statutory nuisance.

Therefore you can contact your local magistrate court and ask them you wish to start a complaint regarding a noise matter and they will then advice you on the steps to undertake. If you are successful with the complaint the court will order the nuisance to stop. Further if the nuisance is not curtailed then criminal sanctions could follow.

I hope i have clarified the position, if not please let me know

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.

Thanks and stay safe

Customer: replied 1 year ago.
in England.

Ok

Thats good as my answer is for England and Wales

Do you understand the answer i have stated, if not please let me know?

Please also ignore the automated call request unless you wish want to talk to me.

Customer: replied 1 year ago.
Thank you Anthony, I'm afraid being on a limited wage at present, I cant afford to talk I person.

Dont worry about the call request as we can chat online.

I hope i have clarified the position regarding the ongoing nuisance

Customer: replied 1 year ago.
thank you.

please before you leave please accept the answer by clicking on the 5 star button at the top of your screen as this wil credit me for the info provided.

Please note rating does not come at any extra costs.

Thanks and stay safe.

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