HELP!!!  I am at my wits end.  It is now 11.40pm and the lady who lives behind me has dogs that bark continuously.  They are barking as I type.  I am detatched, well not me but my house, as is she and I think she keeps the dogs in the garage when she is out, and her garage backs onto my garden.  I cant have my windows open as the barking sets my dogs off.  I have just been round and nobody is in - which happens each time I go round - she is never in.  She has lived there about a year and I have never ever seen her walking her dogs nor have any of my friends in the village.  I feel bad moaning as my dogs do bark but only when they need to.  I also have a litter of 5, nearly 6 week old pups (not advertising) and as they are in one of the back bedrooms it starts them off whining as they hear the noise. 

I am really loosing it as the summer is coming and I wont be able to have my windows open, I have the have the tv and radio on loud when I go out so the barking doesnt set my dogs off.  I have been round once and told her about the noise and she didnt seem too bothered, the barking stopped for a few days and then carried on.

I live in a bungalow and my dogs live in all the time, I cant see why she should put her dogs in the garage all day (and I mean ALL DAY and practically ALL NIGHT), if she hasnt time to walk them she shouldnt have them!

I work from home and cant see why I should have my doors and windows shut to drown out the noise from her dogs yapping.

Her cars are in the drive way but nobody appears to be home, who on earth goes out at this time on a Sunday as the pub closed hours ago.

Any advice as it is driving me crazy!!!

xx

You need to speak to the dog warden or environmental services at your local authority. They will send letters and monitoring sheets...that will get the ball rolling.

Do I need to phone the people I pay my council tax to or the local council - both sit in different wards

You need to speak to the local authority/council who are responsible for the area the barking dogs live in. If in doubt give them a call...they'll put you straight. They do take it seriously...they may be able to offer the dog owner advice on how to keep the dogs amused/quiet.

thanks - I feel guilty moaning but I do feel hers are left alone an awful lot...

I deal with complaints like this every day...dont feel bad for complaining...she may not even be aware of the noise.

thats why I feel bad, i have spoke to her before, her direct neighbours must be going crazy!  maybe I notice it most as I work from home and most people are out during the day...

Just a minor point in helping you make a decision over what to do........remember that if you sell your home you have to declare any neighbour disputes. If you go down formal channels, it may affect the saleability of your home. ( Im not saying you shouldnt take action, but just ensure that you dont cause yourself more difficulties than you cause her).

I would probably NOT report her just yet. Can you imagine if she didn't know they were barking. Not that I m saying it is suitable for them to be locked up so long but to give her a chance to correct the situation.

I would be inclined to drop a note through her door telling her about the barking. If you like don't even sign it. Give it a week or two to see if she makes any improvements before taking the next step as someone has said, if you ever move any problems must be declared.

Edited to add if you go down the dog warden or local authority route right away you may find a can of worms is opened as you will more than likely find that 5 dogs MAY be over your permitted numbers of dog.   Most areas that have houses within close proximity of each other have a burden in their title to the quantity of dogs you are allowed to own.

>   Most areas that have houses within close proximity of each other have a burden in their title to the quantity of dogs you are allowed to own.

I certainly don't think this is usual in England.  Certain Local Authorities have tried to impose limits on numbers when dealing with cases, trying to get people to do change of use (which wouldn't' be allowed) but as far as I know, at least in the publicised cases in canine press they have failed and there is no general rule.

Nothing in my deeds about animals at all. 

An obedience  friend of mine had up to 16 dogs at one time (when she and her husband were younger an fitter) in an end of Terrace, Collies and GSD, mostly rescues, so not little dogs.  They certainly had 12 dogs just 10 years ago (more than half oldies), and now after deaths they are down to 6 dogs, 2 GSD over 10, 1 10 year old Elkhound, 2 Border Collies age 5 and 18 months.

She had the odd complaint over the eyes, which amounted to nothing, as often it was proved that a neighbours dog was barking, but the complainant assumed it must be theirs.  They also had someone complain about them keeping a Pet Goat, and that came to nothing.

I agree though as a dog owner it may not be prudent to complain as you may fidn that complaints are made about yoru dogs.  A litter of pups will shortly be making a fair bit of noise when they are outside (as they need to be a fair amount of time about now), even if the adults never utter a peep.

>Nothing in my deeds about animals at all.

No, nor mine. I think it's only in council-owned or private rented property that there can be limits on pets, not in owner-occupied property.

Regarding the number of dogs allowed, its down to the local council, so may be worth going on their website to see if there is anything there. usually there is a set number, but I have no idea if they would actually take action there, but if you have a number of dogs, and breed, they may decide its a business of breeding dogs and may require you to have a licence. I know the act says up to four litters a year is ok, but the council can decide you are breeding dogs as a business under their bylaws. A bit confusing, and I might not have explained it correctly, but looking on their website should clarify it. Would the council take action.....depends on the council people concerned.

A council told a Shar Pei(I think)breeder that he had too many dogs & needed to apply for a change of use of his home. The guy was a JP & challenged them by saying, what should I change it too-not a kennels all the dogs live indoors-didn't need a breeders licence as he only bred the odd litter & never had more than the allowed limit of breedable bitches(the older bitches were spayed), I understand he is still waiting for a reply several years later

I see what you mean, but things have changed so much since then, it could well be that now, with all the 'anti-dog' feeling to be taken into account, they may be a little more pro-active with what they do to enforce their rules. I don't know, as I say every council is different, but its something to be aware of, and worth checking.

Actually the LA planning rules haven't changed so it you don't breed, don't have 2 or more bitches of breeding age, don't have kennels there is nothing you can apply for a change of use to. The six dog rule has been proved in court to be in breach of Human Rights Act & as there is a legal president, I doubt that any court case would be won by the LA

PLEASE.... A  burden or servitude has nothing to do with rental property it is something that runs with the land.    It has been around for years and years.   They are very common to stop people keeping pigs , chickens etc on residential property.  Another example of same is new house builders prohibiting commerical vehicles in drive ways if it is in the deeds it doesn't matter if it has been sold 100 times it stays with the property.

Do you guys think I make things up :-)

Regarding the number of dogs allowed, its down to the local council,   You can have a burden on your property that restricts you from owning any animals.
The rules set out by the council are an entirely different thing.

I certainly don't think this is usual in England.

It isn't as common in England but new house builders are definately putting it in the title in England.   It has been around for years and years.   Totally seperate thing from council rules.

I think the actual terminolgy used in England may be easement but placed as a servitude. They do exist UK wide 100% without any doubt whatsoever.  It doens't matter if the house is a coucil house , private rental or owner occupier.    Generally in old houses it was set out by the fue holder , in newer houses the house builder has set out ones,  The council have them also over and above general terms and conditions of tenancy agreements. 

What a horrible situaton to be in. I feel for you.

We have some people next to us who wake us up at 6am with their yapping dog.  They put it out at the same time each morning for 30 mins of yapping time and again at 11.30 pm.  I assume it s because they don't want to be with their dog and dson't want to listen to it so why the hell do they assume we want it!

It gives all dogs a bad name because you just want to get up go over and kick the dog into orbit! And I love dogs! So think what all our less tollerant neighbours must be thinking.

I wouldn't put up with this behaviour from my own dogs, or my own kids so why do I have to put up with it from total strangers. Highly antisocial.  But if you complain who knows what dark paths it would lead us into!   Fortunately they have their house up for sale so we are just leaving it in the hope they do move.

With antisocial neighbours people really are stuck betewwn a rock and a hard place.

I get quite cross as I have 10 dogs ranging from youngsters to golden oldies, if a dog in the neighbourhood barks or soemone doesn't clean up after their dogs they blame always lies at my door. There is an ess who barks constantly night and day in a road not far away, I have had the council round as someone complained it was my dogs, he listened and appologised and said I bet you get balmed for everything, yes.It is a good job I have good neighbours who back me up and state the dogs only bark at postman etc It is a sad fact of society lately when people lay blame on easy targets. I had the same guy round a few months ago saying that I had been reprted for running unregisterd boarding kennels!! I showed him all the dogs then got out each and everyone of their KC registrations to prove ownership. The last laugh though was that he was terrified of dogs and wanted me to shut them all in the garden whilst he was in.
With regard to the barking dogs I would be tempted to send a letter to the person stating that they are causing a nuisance and advising them that if it doesn't get any better you will have no option but to report them to EH.

I know how you feel Foo Foo, My next door neighbour keeps getting dogs that she can not take care of properly. They never go out for a walk and at about 2 am in the morning she or her son I think lets them in her back yard and they start barking which sets mine off also this is every night. The worst episode is when they shut them out in the yard and the heavens opened it was serious downpour and those poor dogs were left out there for an hour in the pitch dark also. I had too listen to them whining at the door! I had a good at her about that as it wasn't just annoying it was down right cruel ..

I would certainly wait until all the pups have gone to new homes before reporting to Environmental health as a litter can make a terrible racket and it would be awful if they came and heard them rather than the dogs in question.

Pups at weaning age and before old enough to train to be quiet will sound like a lot of demented seagulls when they want out to toilet first thing, at meal times and often just when playing.  Worst when Mum comes along to check up on them, but then leaves when they want to try and suckle from her!!!

It will do no harm to report to the LA...when i get a report my first call is to inform the owner and see how we can resolve the situation. It may be the best idea to distance yourself to avoid any retribution :-)

Whether you report it now or not it is a good idea to keep a diary and record the times the dogs are barking, for how long etc. This can be used as evidence and will make your case look better. That is normally what officials will tell you when they get involved so you could start building up your diary now.
I know how you feel. There is nothing worse that a dog constantly barking/whining. No dogs perfect and they all bark now and again but when you cant open your windows or sit in your own garden in summer cos the dogs are barking for hours on end it does make you go nuts!!!:-)

I do think you have reasonable grounds for complaint.  I received 2 letters from my council about my dog - who after reading your report is an absolute angel.  He only goes out in the garden to do a wee, or if I am out there he will stay in the garden.  I never ever leave him in the garden, only if I happen to be upstairs after he has gone out and start hoovering etc.  After 9pm in the evening if he goes into the garden he is taken with a lead on (so that he doesn't bark).  It does drive you mad when a dog continually barks.