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JJ
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4401
Experience:  Admitted Attorney 17 years experience
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Good afternoon I would like to get done advice please. We

Resolved Question:

Good afternoon

I would like to get done advice please.

We live on a smallholding/plot in Bloemfontein. We live in the main house and then there are two females with 7 dogs who live in the cothouse just behind us. We alo have 4 dogs. The two houses are very close to each other, with pallicading around the cothouse.

When they leave for work in the mornings around 5:30 or 6:00 their dogs start howling and barking. There is one specific dog that gets them all going. They make such noise that they wake both my children (4 and 18 months) as well as my husband and I every time.

They then also howl and cry several times during the day. If my baby happens to be sleeping at the time he gets woken up by the noise again. We have made sound recordings of these dogs howling.

We have tried communicating with the owner, but she told me not to speak to her anymore, which resulted in us reporting the matter to the letting agency. They have now informed us that they will not be doing anything to try resolve this issue.

The previous tenants have confirmed that they have move solely because of the same reason.

We have sent various emails to the agency regarding this. I realise that neither the letting agency nor the landlord can be held responsible for resolving this. We don't want to move, we enjoy the space, but it feels like I'm going crazy and I'm hoping that there is some way forward.

Any advice will be appreciated.

Many thanks
Submitted: 9 months ago.
Category: South Africa Law
Expert:  JJ replied 9 months ago.
Hi and welcome!

My name isXXXXX you for giving me the opportunity to assist you.

Are you renting the property?
Customer: replied 9 months ago.

Yes, we've been renting since December last year

Expert:  JJ replied 9 months ago.

Hi

Clearly you cannot enjoy the property to the extent that you are entitled to as a result of these problems.

In my view the only way of resolving this matter is if you approach the court for an interdict forcing them to either remove the dogs or see to it that they do not make this noise. It is clear that this is continueing as per the previous tenants and the only way toi stop this is if you get a court order. Clearly nothing else helps. The only other option is to move and you already expressed the view that you do not want to do so.

You need to make a decision and get a lawyers letter out to these people. If they do not resolve this within 7 days then you will have to take the necessary action.

Unfortunately this can be a costly affair and you will have to brace yourself for legal costs. If you are successful in the case then you will be able to recover some of the costs from them.

Please ask more if not clear.

JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4401
Experience: Admitted Attorney 17 years experience
JJ and 2 other South Africa Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you very much, we also thought that the only way would be to take legal action. We have been able to arrange a meeting on Tuesday between all of us ( including the rental agency).


Hopefully if we threaten with legal action they will start taking this matter and us seriously.


Have a lovely day!

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