What Can You Do About Your Neighbour’s Noisy Dogs

Living next to, or near a constantly barking dog can be very difficult and emotionally tiring. Your first course of action should be to speak to your neighbour as dog owners are not always aware of how loud their dog is. Doing this is usually the easiest way to a swift and amicable solution.

You should establish whether there are other neighbours who are affected and may wish to sign a petition. Once you have the petition from the neighbours, you can again approach your neighbour to advise them that there are in fact more neighbours that are affected by their dog and they may accept your position and work with you to try and minimise the dog’s impact. It is very important to try to avoid being confrontational and communicating in an amicable and conciliatory manner. You should establish whether your neighbour is a tenant or the homeowner. If they are a tenant, you could approach the landlord directly and ask them to speak to their tenant about their dog.

If this does not work, you should review the title deeds to your property, as well as that of your neighbour. These are available from the Land Registry and the title deeds may contain covenants with respect to the use of the properties, and if they do, there may be a covenant that the occupier does not cause nuisance or annoyance. If such covenants do exist, you could seek to enforce them against your neighbour.

Alternatively, you have other options available to you given that it seems that you are alleging the dogs barking to be a noise nuisance which the council has a duty to investigate and take action if the noise is found to be a statutory noise nuisance in accordance with the Environmental Protection Act 1980. A statutory noise nuisance exists if it is unreasonable and greatly interferes with the use or enjoyment of your home.

It is often easier to keep applying pressure to the council so that they take action against the neighbour, as the environmental officer is required to investigate the complaint and so the petition should assist with the council’s investigation.

If this again fails, then you are able to bring your own private nuisance claim in against your neighbour by way of an injunction and compensation. The judge has the power to order that the nuisance is abated and to pay compensation. If the nuisance is not abated, this is a criminal offence.

Often, engaging in court proceedings can be both daunting and expensive and sometimes, causes further difficulties down the line if you wish to live in a harmonious neighbourhood, or even longer term should you decide to sell the property. Therefore, you may wish to consider alternative steps to resolve the issue with your neighbour.

More recently, the courts have powers to compel parties to engage in Alternative Dispute Resolution (ADR). The courts powers have been extended with a view as to encouraging parties to try reaching a settlement and resolution without the need for a trial.

Consideration of ADR is now not just had at the beginning of the case, but throughout the case, at each and every stage the matter presents itself before the court. Should you or the opposing party fail to comply with a requirement to engage in ADR, then the court may make financial sanctions and penalties against the defaulting party.

One form of ADR is mediation, which is when the parties agree to appoint a mediator, who is an impartial professional which helps you and your neighbour to reach an agreement, and this can often be a more cost and time effective way to reach resolution. Sometimes, there has been a breakdown in communication, or failure to understand one another’s grievances and concerns, and so a mediator can try to communicate those issues to one another with a view as to reaching an outcome that is agreeable to both parties. They can also agree resolutions outside the remit of a court, such as an apology.

Dealing with noisy dogs in your neighbourhood can be frustrating and emotionally draining. This guide outlines practical steps to address the issue, from speaking to your neighbour to exploring legal options such as noise nuisance investigations or private nuisance claims. If you’re unable to resolve the matter on your own, contact us for expert legal advice and support to help you find the best solution. Call 0330 822 3451 or request a callback.