Bracknell

A Bracknell Forest Council tenant has been ordered to reduce the number of pets she looks after at her Great Hollands home after a senior judge branded the 12 dogs and numerous cats living with her were a nuisance to her neighbours and an infringement of her tenancy.

Jane Cracknell from Turnberry was taken to court by Bracknell Forest Borough Council for a breach of housing tenancy conditions and causing a nuisance to her neighbours due to the animals she kept at her Council home.

Bracknell Council received many complaints about the smell and regular noise problems caused by Mrs Cracknell's animals - Environmental Health Officers who investigated the complaints established at times there were over 30 barks a minute from at least 3 dogs - and neighbours said the noise was a regular occurrence.

At Reading County Court last month Mrs Cracknell admitted keeping up to 12 dogs and a number of cats in her three bedroom end-terrace Council house.

Mrs Cracknell denied she was causing a nuisance to her neighbours but admitted her house was not as tidy as she would like and that, together with her late husband, she had been keeping a number of dogs and cats and breeding them for over 20 years.

The Council argued Mrs Cracknell’s actions were a breach of her tenancy agreement and the court refused to accept that because she had been keeping animals for a long time she had a right to continue with her activities.

Mrs Cracknell ,63, was taken to court as a last resort after repeated requests to reduce the number of animals she kept at her Bracknell home. Keeping the large number of pets was a direct breach of Mrs Cracknell's tenancy conditions and so the Council had a duty to take action to protect the rights of her immediate neighbours.

When Mrs Cracknell's home was inspected by a housing and an environmental health officer in January 2007, six dogs and six cats were found at the premises, some rooms were inaccessible and there was an overpowering smell of cat urine.

Three cats were in the downstairs bathroom and a puppy was in a cage in the dining room. Although other cages were found inside the house it was confirmed by officers that the animals were usually kept in cathouses and kennels in the back-garden.

Some of Mrs Cracknell's neighbours wrote letters to the court in support of her animal keeping but the two nearest neighbours told the court how the animals made life intolerable because of the resulting smell and dog barking – actions which violated the terms and conditions of her tenancy with the Council.

Both said how it was sometimes not possible to use their back gardens and one said he could taste the smell” when in his garden and his family often had to keep the windows closed due to the barking.

As further evidence the court was given copies of abatement notices dating back as far as 1991, the most recent being for noise nuisances in 2004 and August 2005.

Bracknell Environmental Health staff also presented evidence of continuing nuisance found during observations over a 2 day period in February 2007 - including at least three dogs barking over 30 times a minute.

It was also claimed that workmen were unable to go into the house because of the way it was occupied and so repairs, upgrades and maintenance could not be carried out.

In summing up the judge commended Bracknell Council for seeking an injunction where all matters could be considered together.

The judge ordered Mrs Cracknell to reduce the number of animals living at her home to no more than two dogs and two cats by the October, 27, 2007. She was also told no breeding was to take place at her Council home

The court added if Mrs Cracknell could not re-home the animals the Bracknell Council would take them to the RSPCA. She was also told she could not refuse Council officers access to her home.

Cllr Dale Birch, Executive Member for Adult Services, Health and Housing, said: A lot of hard work by Council officers went into securing this result - which I'm sure will be welcomed by Mrs Cracknell's immediate neighbours.

"The action shows that the Council will use all legal and reasonable methods available to ensure council tenants comply with their terms of tenancy.”

Cllr Iain McCracken, Executive Member for Bracknell Leisure, Corporate Services and Public Protection, said: Being a nuisance neighbour regardless of tenure is unacceptable and we will not tolerate any residents suffering because of the actions of other people.

This is a great result for our legal, environmental health and housing teams and for the people of Turnberry.”

Bracknell Forest Borough Council