Tuesday, 17 May 2022
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Legal Q&A:our neighbours always complain about our noisy grandchildren and dog – are we on course for an ASBO?

Question: We have heard about a couple being warned they could get a Community Protection Notice simply for looking into their neighbour’s property.

Every time our daughter visits us with her children and their dog, our grumpy neighbours complain about the noise the kids make playing in the garden and about the dog barking and escaping into their garden. We are now worried we’ll get one of these notices. What could we be in for?

Answer: You may have heard of Antisocial Behaviour Orders, or Asbos. These are no longer used but depending on the situation, antisocial behaviour may be punished using a civil injunction, a Criminal Behaviour Order or a CPN — a Community Protection Notice.

The purpose of a CPN is to allow a local authority to prevent an individual who is 16 or over from behaving unreasonably, and in a way the authority feels is having a detrimental or negative effect on the quality of life of people in the locality.

A CPN can require certain behaviour to stop and, if appropriate, steps to be taken to ensure the behaviour stops.

Don’t let this issue escalate into a costly, unpleasant dispute. Speak to your neighbours and at least repair your fence or hedge.

Indeed, your local authority could choose to use a CPN to require you to repair the fence and require the noise made by your grandchildren and the dog to cease if it amounts to antisocial behaviour, but that should only be as a last resort.

There appear to have been allegations of harassment in the case you mention, as well as complaints about looking into the neighbour’s garden, which is probably why the couple were warned they could receive a CPN.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE.

We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.

Source: https://www.homesandproperty.co.uk/property-news/legal-qa/our-neighbours-always-complain-about-our-noisy-grandchildren-and-dog-are-we-on-course-for-an-asbo-a122416.html

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