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Problems with neighbour, dog and late night parties

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334 views 1 replies latest reply: 06 July 2014
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Tenant

Hi I have a question.

My neighbour has the same landlord as me and we both share a back yard with one other flat.
There is a strict no dogs policy within the agreements of our tenancy.
However, my neighbour has recently moved in her girlfriend and a large dog and has been asked twice by the landlord to get the dog removed. These request have gone ignored.
The dog will wander into our homes, barks continuously and howls whenever it is left alone.
I can’t leave my door open or enjoy the backyard as the dog won’t leave me alone. Also there is dog muck all over the yard that they refuse to pick up.

On another note, she holds all night parties on any day of the week. The most recent started at 3:30am Tuesday monring with the doors wide open and the surround sound up so loud it vibrated the walls in my flat.
This happens 3 or 4 times a week and again polite requests to turn the music down or keep the doors closed were not only ignored but I was verbally attacked.

I have contacted the council about the noise issue after asking the neighbour to keep her dog and her parties under control, but after being verbally abused I felt afraid and haven’t bothered since.

My question is: If the landlord has asked twice to have the dog removed and she has bluntly refused, can he apply for a 7 day notice for her to vacate the property?
She also owes over 6 weeks rent which is mounting up all the time.

Thank you in advance.

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Tenant

Thanks for posting in our forum. I’m really sorry to hear that your neighbour is causing such a nuisance.

It sounds as though your landlord has several grounds for eviction and depending on whether the tenant is in the fixed term or periodic term of the tenancy agreement, they can issue either a Section 8 notice (during the fixed term based on discretionary grounds, such as breaking conditions of the tenancy agreement by having a dog, causing a nuisance, and having rent arrears) or a Section 21 notice (a periodic tenancy, no reasons required). However, the minimum amount of time would be 2-4 weeks, depending on which form was used. Serving notice is a complex procedure and I recommend your landlord seek professional legal advice, especially if serving a Section 8 notice as if it contains any errors it is void.

All the best for a quick solution so that you can live in ‘quiet possession’ of your home. In the meantime. keep a record of all instances and disturbances, and do make formal complaints to the council as this will help in terms of proving Ground 18 of the Housing Act, causing a nuisance to neighbours.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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