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While it’s perfectly normal for dogs to bark, there comes a point when persistent or excessive barking starts to affect others. If you’re being disturbed by a barking dog and it’s impacting your home, business or quality of life, you don’t have to put up with it.
Our specialist lawyers regularly advise people who are experiencing noise nuisance from barking dogs and can help you understand what your legal options are and how best to resolve the problem.
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 on your rights
- Explain the enforcement options that may be available
- Guide you on practical next steps
When is Dog Barking Considered an Actionable Nuisance?
A barking dog doesn’t always equal a nuisance dog. As a general rule, it will 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
- How often it occurs
- The time of day or night at which the barking takes place
Informal Complaint
Have you tried to sort this out with the dog owner informally? It may be that they’re unaware of the issue and/or may not appreciate the impact that it’s having. If relations allow, an informal discussion can sometimes resolve matters quickly. You could also look to use Alternative Dispute Resolution https://www.gov.uk/how-to-resolve-neighbour-disputes/use-a-mediation-service
Taking Formal Action
If informal steps haven’t worked, you may need to pursue the issue more formally. There may be different options depending on the particular circumstances:-
- You could report the nuisance to the local authority’s Environmental Health Department. They will have a statutory duty to investigate and if they find sufficient evidence might look to start the process of bringing a criminal case under the Environmental Protection Act 1990 (or, less likely, the Anti-social Behaviour Crime & Policing Act 2014).
- You could bring a civil claim in the County Court seeking damages and/or an injunction.
- You could bring a case in a Magistrates’ Court for a noise abatement order.
- If you’re the landlord and they’re your tenant, you could look to bring a claim for an injunction (for the removal of the dog) or a claim for possession (to bring the tenancy to an end).
- If you’re the freeholder and they’re the leaseholder, you could look to bring a claim for forfeiture of the lease.
Each route has different risks, costs and outcomes and choosing the wrong one can make matters worse. We can advise you in any of these situations, whether it’s residential or commercial premises.
Get Advice Before the Situation Escalates
Our Fixed Fee Telephone Advice Service aims to provide you with clear, practical guidance without jargon and enable you to have a clear plan of action.
Call us on 01227 20 33 20 during normal office hours to book your £75 + VAT telephone appointment.