Gdpr & Court Eviction Notice

[Cej]

Hi, Advise needed please regarding a High court eviction notice that has been issued to problematic neighbours (2 x adults).

 

The neighbours keeps a number of large dogs caged and allows them to bark, howl & fight with each other constantly 24/7.

The Council have issued a noise abatement notice to the tenants but to no avail, the noise and disturbance continues.

 

When cleaning the cage of the animals the tenants do not collect the dogs waste they just hose the cage floor down and all of the water then ingress's into my garden from underneath the shared fence. The fence is my property and is on my boundary. The tenant's don't give a dam regarding the welfare of other residents and we have been putting up with this problem for exactly a year. Our neighbourhood is not in a nice place at the moment due to this issue.

 

The property is rented to a local authority via a letting agent, now we have been told by the agent that an Eviction notice has been issued and they are awaiting the Sherriff's office to deal with the eviction. Apparently the tenant's ignored an earlier notice to quit so it went to the high court??

 

We are worried that we are being fobbed of by the agent just to keep us quiet and that nothing is going on in the background and we are being ignored.

 

My question is ,

have we (myself & other residents) the right to see a copy of the eviction notices that have been issued to the tenants?                                                                                          We have been informed that due to the notices being issued in a court that they are already in the public domain and therefore are not subject to GDPR regulations. 

 

We would appreciate anyone's help please.

Tia

Beckysdad

 

 

[mantis shrimp]

Tia, to see the court orders you may well need details like case number and parties. You are probably going to need to contact the court office and to be persistent. 

 

Do you own your home, or are you renting? 

 

For what it is worth, you may be able to complain about your neighbours' actions to your council's Environmental Health department. This may well be a statutory nuisance. 

Edited March 18, 2022 by mantis shrimp

[Cej]

Thank you mantis for you're reply... 

 

We own our home as do other residents effected by the neighbours behaviour. 

We are in the process of taking out a "Nuisance" claim due to not being to enjoy our home for the past year but we are  not hopeful of a successful outcome. This action is via our home insurance.

As I've said the council have issued a noise abatement notice but they now have to witness further disturbances /noise for them to issue court proceedings against the tenants. 

We contacted the Environment officer dealing with the noise and he seemed to believe that it is not a statutory nuisance regarding the water ingression .

The tenants keep a constant water tap (mains fed) flowing into the dogs cage, this is dogs water supply!!                          The Rspca have been involved but to be truthful as long as the animals have shelter, are fed and have a water supply then they are not interested. The dogs (x 5 alsatians) aren't pets they are in the cage 24/7 it really is pitiful, I could go on but if you're an animal lover you would be so angry!

Update; the letting agent has now stated that the local council have informed him that there's a backlog of cases that the sheriffs are dealing with ,and that it will be dealt with in due course.

 

Once again thank you for you reply

 

[mantis shrimp]

I was thinking of statutory nuisance in respect of the dog sh!t. 

 

That would also found a civil action in nuisance. 

Edited March 19, 2022 by mantis shrimp

[Cej]

Yes agreed, but the Environment Officer has stated it isn't a "nuisance" !!  He believes that we have to keep on to the letting agent & owner to sort it out, but because the tenants are going to be evicted they are just palming us off.

 

We'll keep on , not gonna let it go.

 

thanks for your input.

[mantis shrimp]

ask him why he thinks s79(1) Environmental Protection Act 1990 does not apply, particularly sub-sections (a), (e) and (f). Surely the way your neighbours keep their animals and deal with the excrement is "prejudicial to health or a nuisance". 

 

Environmental Protection Act 1990

WWW.LEGISLATION.GOV.UK

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An Act to make provision for the improved control of pollution arising from certain industrial and other processes; to re-enact the provisions of the Control of Pollution Act 1974 relating to waste...

 

[Cej]

Yes, I'll do this and report back.