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Are you Being Accused of Having a Noisy
Dogs bark, it’s completely natural. However, complaints about noisy dogs, excessive barking or dog noise nuisance from neighbours or enforcement action by a local authority or landlord can quickly become stressful and worrying for dog owners, especially if the allegation is exaggerated, unfairly reported or even completely made up.
If you’ve been accused of allowing your dog to cause a noise nuisance, early legal advice is essential. Our specialist lawyers regularly advise dog owners facing complaints, investigations or legal action, and can help you understand your rights and responsibilities.
Fixed Fee Telephone Advice only £75 + VAT
We offer a fixed fee telephone appointment for just £75 + VAT, providing up to 20 minutes of expert legal advice tailored to your situation. Call us on 01227 20 33 20 during normal office hours to book your appointment.
During your call we can:-
- Advise you how to respond to neighbour complaints or Council / landlord involvement
- Help you avoid escalation, enforcement action or Court proceedings
- Guide you on practical next steps
“… for anyone who has ever found themselves in legal trouble because of their dog, the only name that comes to mind for help is solicitor Trevor Cooper”.
Dogs Today
This video presentation from Beth at Battersea Dogs’ & Cats’ Home offers insights into how to teach your dog not to bark.
Further advice can be found on this link from Dogs Trust: https://www.dogstrust.org.uk/dog-advice/training/unwanted-behaviours/stop-your-dog-barking
What Should you do if Your Neighbour Complains About your Dog Barking?
If your neighbour approaches you with a complaint that your dog is barking excessively, these are the first steps we recommend that you take to hopefully prevent a formal dog noise nuisance complaint being made:
- Make your own enquiries to check whether it is, in fact, your dog that is the cause of the problem.
- If it is your dog that is the cause, take action to reduce the amount your dog barks. This could include changing your daily patterns or investing in dog behaviour modification training. Speak to a local behaviourist who may be able to help.
- Tackling noise nuisance from a barking dog isn’t going to be straight forward and there’s unlikely to be a ‘quick fix’. If it’s boredom barking, then perhaps look to give the dog more exercise and if it needs to be left alone then leave it with distractions such as stuffed Kongs. You could consider getting a pet sitter / taking it to doggie day care / get a family member to check on the dog while you’re out. If it’s separation anxiety and it’s not possible to leave the dog with company, then your dog could be getting extremely distressed when you go out.
When is Dog Barking Considered an Actionable Nuisance?
A barking dog doesn’t always equal a nuisance dog. As a general rule, it will only be regarded as a nuisance if the noise is of a character which makes it intrusive or irritating, but this is rarely a black & white situation. Each case depends on the specific facts and some complaints won’t meet the threshold.
Key factors which are taken into account when making this assessment include:-
- The volume of the barking
- The length of time the barking lasts
- The duration of the barking
- The time of day in which the barking takes place
Formal Action you may be Facing
This is a complicated situation as it varies according to who is making the allegation, but it can quickly escalate if you ignore it:-
- If the complainant is the local authority’s Environmental Health Department, if there is sufficient evidence they could start the process of bringing a criminal case under:-
- Environmental Protection Act 1990, or
- Anti-social Behaviour Crime & Policing Act 2014.
- If the complainant is a neighbour, they could:-
- bring a civil claim in the County Court seeking damages and/or an injunction, or
- bring a case in a Magistrates’ Court for a noise abatement order.
- If the complainant is the landlord (or managing agent) and you are their tenant, they could look to bring a claim for an injunction (for the removal of the dog) or a claim for possession (to bring your tenancy to an end).
- If the complainant is the freeholder (or managing agent or management company) and you are the leaseholder, they could look to bring a claim for forfeiture of the lease.
Each situation carries different risks and the wrong response can make matters worse. We can advise you in any of these situations, whether it’s residential or commercial premises. Please call us on our landline number of 01227 20 33 20 during normal office hours to book an appointment.
Get Advice Before the Situation Escalates
Whether you’re at an early stage or already facing formal legal action, specialist legal advice can help to protect both you and your dog. Our Fixed Fee Telephone Advice Service aims to provide you with clear, practical guidance without jargon and without you having to commit to the cost of a full case. Call us on 01227 20 33 20 during normal office hours to book your £75 + VAT telephone appointment.
The sooner you seek advice, the more options you are likely to have.