LAST RESORT: Taking out and injunction for a breach of lease?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    LAST RESORT: Taking out and injunction for a breach of lease?

    Hi guys, our neighbour has a barking dog that he has been locking in for a prolonged period of time alone next to our home. It has driven us crazy.

    The council dont want to do anything, neither do the RSPCA or managing agent.

    The lease restricts the keeping of nuisance animals, but the freeholder, in spite of all our evidence doesnt want to act.

    As a last resort we are looking into taking out an injunction to have the nuisance animal removed. Our solicitor has said this will cost £20,000 , but isnt there a way we can apply to the courts ourselves?

    Has anyone ever done this before? We have done quite a bit of research online and cannot find any forms to do it ourselves?

    Any help desperately appreciated!



    #2
    You have another option of issuing proceedings in the mags court for private nuisance.
    Re an injunction, yes you can make an application to the county court without a legal advocate. Have a look at the CPR and then Google is your friend re forms etc. You need an N16A application.

    Comment


      #3
      Do not think about going for an injunction. Instead invoke the statutory procedure under section 82 of the Environmental Protection Act 1990 I have found some information online which sets out the procedure. Google using section 82 environmental protection Act 1990. That will bring up several results. If you scroll down until you get to www.reigate-banstead.gov.uk section 82 Environmental Protection Act 1990 and click on the link a pdf document will be downloaded. You will also see links to other councils.

      Comment


        #4
        Have you tried buying a dog silencer ?

        https://ultimatebarkcontrol.co.uk/pr...g-silencer-max

        Comment


          #5
          Hi Lawcruncher, we didnt realise we could do that. Will it cost much to go to court to get a judgement like this? We are trying to do this the most cost effective way... we've read the document and it says this:

          WHAT ARE THE LIKELY OUTCOMES? If the court is satisfied that you have proved your case they will make an abatement order requiring the accused to cease the noise or prohibit its recurrence and may also impose a fine of up to £5,000 (although smaller sums are more usual). You may, in addition, ask for reasonable costs to be paid for bringing your case to court.

          We have already spent nearly £2000 on lawyers to review our case and attempt to enforce the lease, would we be able to get these costs back in court?

          Our lawyer has told us that due to Covid-19 courts are seriously delayed and may take anywhere from 6-18 months for our case to be heard and finally decided?

          Regarding the injunction, is this an expensive route if we represent ourselves?

          Thanks again for all your help!



          FYI - The offending neighbour has threatened to counter sue us for harassment if we go ahead with legal proceedings, so we want to leave the path open to sue them for full costs if they do this. Will the injunction or the section 82 Environmental health act route still allow us to sue them in civil court for full costs if they try to counter sue us? Our lawyer has told us we cant sue someone twice for the same thing?

          Comment


            #6
            There is a downloadable app for a dog whistle for a mobile which may help.

            Comment

            Latest Activity

            Collapse

            • AGM cancelled.
              by Grumio
              Is this legal?

              A bit of background, we currently have three directors, we are allowed to have up to a maximum of eight directors according to the articles of association. We are all leaseholders. Last summer the three directors decided to hire a managing agent who is now in charge of the...
              26-01-2022, 00:46 AM
            • Reply to AGM cancelled.
              by Grumio
              The articles state they must declare any kind of interest directly or indirectly, problem is it’s kind of hard to deal with people who keep messing everyone around, calling an AGM and then cancelling it for eg. We have called meetings with them in the past and they don’t turn up. How can you deal...
              26-01-2022, 14:35 PM
            • Reply to AGM cancelled.
              by eagle2
              Any meeting which you decide to hold will be an informal meeting only, you do need to follow the correct procedure if you wish to hold a valid meeting,

              The Articles should state whether or not directors need to declare conflicts of interest and whether or not they are entitled to vote on...
              26-01-2022, 13:30 PM
            • Reply to AGM cancelled.
              by Grumio
              It is both a managing agent and a residence Association. But we want to go back to managing the block ourselves.

              Thanks for the reply, yes invitations have been sent to all our members. And I agree, they should not cancel the AGM, especially when they haven’t got a plausible reason to...
              26-01-2022, 12:12 PM
            • Reply to Lease extension triggers doubling ground rent change
              by sgclacy
              Doubling every 25 years is simply a guess as to what inflation may be, if inflation of the current levels ( about 6% ) was to continue the real value of the rent would fall by 77% and doubling would not address the enormous damage done by inflation. However, if inflation was less than 2.81% per annum...
              26-01-2022, 11:57 AM
            • Reply to Lease extension triggers doubling ground rent change
              by Section20z
              You are clearly using the informal route and can thus negotiate whatever terms you like.
              freeholder will want to retain some ground rent but avoid the doubling clause, maybe suggest small fixed rises every ten years....
              26-01-2022, 10:40 AM
            • Reply to Service charges according to floorspace vs lease stipulation
              by Section20z
              Quite, there is also the question here of who the actual freeholder is and whether the whole thing is any concern of the OP who only ever need pay 25% !!...
              26-01-2022, 10:25 AM
            • Service charges according to floorspace vs lease stipulation
              by Santa Fe
              Hello. I own a flat in a block of four. The new owner of the smallest flat is disputing their contribution to service charges based on floor size. All four flats have historically paid 25% each, but of the four leases only mine states that I pay 25%. I have spoken with a solicitor about this and he...
              24-01-2022, 22:55 PM
            • Reply to AGM cancelled.
              by eagle2
              Yes, I am confused too. If there is a Residents Association, it is required to comply with its constitution.

              There seems to be a Company involved as well. Whether or not it is required to hold an AGM depends on its Articles, AGMs can be cancelled for various reasons, lockdowns are an example,...
              26-01-2022, 10:19 AM
            • Reply to Service charges according to floorspace vs lease stipulation
              by eagle2
              I think that we have found 3 possible alternatives already and no doubt we could find more, As Section20z says it is very rare for a court or a tribunal to intervene, The lease appears to allow the freeholder (?) to decide what is fair and reasonable and it has decided that an equal share is reasonable,...
              26-01-2022, 10:01 AM
            Working...
            X