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

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    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.

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      #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.

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        #4
        Have you tried buying a dog silencer ?

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

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          #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?

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

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