York tenant evcited for failing to control dog barking
It's prompted a warning from City of York Council.
York County Court has granted the council an order to evict a tenant for repeated anti-social behaviour, caused by her dogs’ barking.
Samantha Flower, aged 44, of Lincoln Street, Leeman Road, York failed to control her Jack Russell terriers’ relentless barking over a four-year period, which impacted on her neighbours.
This anti-social behaviour lead to York Magistrates fining her in August 2021, for failing to comply with a noise abatement notice, which required her to stop her dogs causing a nuisance to her neighbours. Because this broke her tenancy agreement and so breached a Suspended Possession Order granted in May 2019, Ms Flower was evicted from her City of York Council home.
The incessant barking from Ms Flower’s two Jack Russell terriers had regularly caused neighbours to make complaints since May 2017. Council officers started visiting Ms Flower following those complaints and advised her to get her dogs trained.
She ignored this advice and was issued a noise abatement notice in August 2017. She ignored this notice too and officers witnessed further nuisance.
In January 2018 she was cautioned for allowing her dogs to cause a noise nuisance, yet the problem continued and Ms Flowers was convicted for this in May 2019. She continued to allow the noise nuisance throughout the summer and autumn of 2020 which led to the Council prosecuting her for four offences of breach of the noise abatement notice. The offences were denied by Ms Flower, but she was convicted by the Magistrates for them in August 2021.
As a result of the August 2021 convictions, and because she had broken her tenancy agreement with her anti-social behaviour and noise nuisance, the council applied to the County Court for an eviction order against Ms Flower. This was granted and she was evicted by the council on 20 October 2021.
Ms Flowers told the court that she had attempted to soundproof her home, and that she had rehomed one of her dogs because of the issues but still had two dogs at the property.
Executive Member for Housing and Safer Neighbourhoods, Cllr Denise Craghill, said:
“Such prolonged and loud nuisance is unacceptable, and especially so during a pandemic, when everyone’s sensitivities are heightened. Complaints to the council of dogs barking rose by an extra 48 during the pandemic – that’s a 26% increase compared to the same period last year.
“If you have to leave your dog at home for any period of time, you must make sure that you train it to be quiet when it is alone, so it doesn’t disturb your neighbours. If your dog does bark when alone, especially for long periods each day, you should seek advice and consider whether it is fair on either neighbours or the dog itself to continue in that way.
“The action by neighbours and officers shows that by not acting on notices or orders, and by persisting with anti-social behaviour, tenants risk losing their home.”
Anyone with concerns about unacceptable and persistent levels of noise should visit https://www.york.gov.uk/noise for more details or to report it online. Or, to report noise from domestic properties, contact the Neighbourhood Enforcement team on (01904) 551555.