Neighbour Running Business Advice

[Spellkaster]

I had new neighbours move in 2 weeks ago now.

The first week all was quite, its just a woman on her own, or so it would seem.

This week however was different.

Various dogs coming and going.

I believe she is a professional dog sitter ie looking after other people's dogs whilst they are on holiday etc etc.

We are concerned because our quality of life has been impacted on by the noise of dogs at all hours.

My husband has to get up early for work each day.

My question is this:-

Because she is clearly running a business from the address.

On the title deeds to the property there is a covenant on this about being prohibited from running any business on the premises.

I have this clause in mine so she would have the same.

What can I do as she is clearly breaching this covenant, by running a business from the premises, who do I report it to!?

[des8]

Re: Neighbour Running Business Advice

Firstly approach the new neighbour and ascertain exactly what is going on.
Do it politely and explain the problem it is causing your spouse.

If necessary you could apply for a court order to stop her running the business in breach of the covenant.
Also if the business is causing a disturbance (which is more than just irritating) but actually interfering with your enjoyment of your property you could take legal action on that basis

[Spellkaster]

Re: Neighbour Running Business Advice

Firstly approach the new neighbour and ascertain exactly what is going on.
Do it politely and explain the problem it is causing your spouse.

If necessary you could apply for a court order to stop her running the business in breach of the covenant.
Also if the business is causing a disturbance (which is more than just irritating) but actually interfering with your enjoyment of your property you could take legal action on that basis

Thanks for the advice.

My husband has legal expenses on his building insurance, so I guess this should cover the situation.

[Diana M]

Re: Neighbour Running Business Advice

My husband has legal expenses on his building insurance, so I guess this should cover the situation.

Before you go down the legal route why don't you contact the Council's Environmental Health Team and report a 'noise nuisance'.

They will tell you to keep a diary of the noise (dogs barking) including time of day/night and for how long, and they may even provide you with recording equipment etc. You'll need the evidence even if you plan to head to court.

There's a possibility that Environmental Health can step in and sort this without all the drama of legal proceedings which take forever and cause bad feeling. Your neighbour will probably be your neighbour for a long time so if you can avoid starting a war it would be wise especially since you say they've only been there two weeks.

Going to court should always be a last resort. If you want to accuse your neighbour of breaching a covenant by running a business you'll have to prove that she is charging for the service and not a dog lover helping out friends and family. How many dogs are there on the premises at any one time?

Also some Councils arrange free Mediation to help with neighbour disputes.

Read this to see if it helps > https://www.gov.uk/how-to-resolve-ne...to-the-council

Di

[warwick65]

Re: Neighbour Running Business Advice

Hi

Just to let you know , Environmental Health do take these things seriously. I , grumpy old git that I am , contacted my partners EH department because the people whose back garden was opposite 'our' front window were constantly in their garden with kids screaming but more importantly loud music playing. This would go on from school finish time until 10pm at night and longer at the weekends.

One complaint, led to I am told a letter to the occupants and no noise for the rest of the summer. Yes kids outside sometimes but that's fine, just no screeching banshee or loud music

I do think where possible going the informal route is best and then the formal but not necessarily legal route is the best idea if it can achieve anything.

It has only been a week, could they be dog sitting for a friend or family?

[Diana M]

Re: Neighbour Running Business Advice

On the title deeds to the property there is a covenant on this about being prohibited from running any business on the premises.

I have this clause in mine so she would have the same.

It may make sense to check with Land Registry whether your neighbour does actually have the same covenant in her deeds as you have in your deeds - you can't just presume that.

You can search Land Registry online for £3.

Is the neighbour's property freehold or leasehold? And do you know whether she has bought it or is renting it?

In the case of the latter you could take up the issue with her Landlord since most tenancy agreements include a clause which prevent the Tenant from operating a business from the property and/or don't allow pets/animals without explicit written consent of the Landlord.

Di