Keeping chickens in gardens - is this unreasonable?

Savvy_Sue

It may be just some areas, but do birds not have to be kept under cover ATM because of bird flu?

And there are plans to require all poultry keepers to be registered. 

Whatever you do, you're going to be the obvious informants if you complain.

Newcad

Keeping hens (or rabbits)  in a garden is legal.

See section 12 of the Allotments Act 1950 which is still current.
https://www.legislation.gov.uk/ukpga/Geo6/14/31

12 Abolition of contractual restrictions on keeping hens and rabbits.

(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

Note though that it refers to 'hens', crowing cockrels are a different matter.

It was originally brought in to cover hens and rabbits as a source of food for the family, but the way it is worded they don't have to be being kept for food.

Your only legal objection could be that -... in such a manner as to be prejudicial to health or a nuisance...

Mojisola

orangeflowers said:

We've just moved into our new house and discovered our neighbours keep chickens, (about 4 or 5 hens we think) next to our house. 

There is a distinct odour from here! I can smell them when I walk past and when I open my bedroom window and they are rather loud when laying eggs, which is annoying when it wakes us up!

We kept chickens for years - if the run is being managed properly, there shouldn't be any smell.

About the noise - ours didn't usually lay early in the morning and then didn't shout about for very long - I wonder if the chooks are stressed because of having to be kept indoors (bird flu regs).  If the owners aren't giving them enrichment things to do, they won't be happy.

If the neighbours aren't going to be neighbourly about it, you'll probably get most leverage from contacting the council re the smell and the rats. 

doodling

Hi,

Newcad said:

Keeping chickens (or rabbits)  in a garden is legal.

See section 12 of the Allotments Act 1950 which is still current.
https://www.legislation.gov.uk/ukpga/Geo6/14/31

12 Abolition of contractual restrictions on keeping hens and rabbits.

(1)Notwithstanding any provision to the contrary in any lease or tenancy or in any covenant, contract or undertaking relating to the use to be made of any land, it shall be lawful for the occupier of any land to keep, otherwise than by way of trade or business, hens or rabbits in any place on the land and to erect or place and maintain such buildings or structures on the land as reasonably necessary for that purpose:

Provided that nothing in this subsection shall authorise any hens or rabbits to be kept in such a place or in such a manner as to be prejudicial to health or a nuisance or affect the operation of any enactment.

I was wondering when someone would bring up the Allotments Act.

To be clear, that section of the act applies to all property, not just allotments.  The act also overrides any deeds, rental agreements, leases, bylaws or any other secondary law you might care to mention so, for example, the council is legally unable to ban someone from keeping chickens (or rabbits) and nor is their landlord if they are renting the place (of course, in the case of an AST the landlord could still use a S21 to evict if not in the fixed term).

The keeper is required to avoid being a nuisance (in a legal sense) and must comply with animal welfare legislation so if the chickens are excessively smelly, or unhealthy or unreasonably encourage vermin then it is possible to force better hygiene, but bear in mind that nuisance will be considered in the context of an absolute right to keep the birds providing their welfare needs are met.

The law of nuisance is complex and nuanced - I have my doubts as to whether you could force the neighbours to move the coop.

Newcad

doodling said:

To be clear, that section of the act applies to all property, not just allotments.

Indeed it's worth pointing that out, section 12 of the Act does use the words "the occupier of any land" and not just allotments.

Don't sell the eggs or the hens/rabbits though, that's not allowed.
(Giving them away to friends/neighbours is).

Cynderella

We have kept chickens in the past, and before we did (in two houses), we asked neighbours first. Obviously, that wouldn't have been any good to anyone who moved in after that. So, I'm biased, but I don't think they're a problem - that does depend, of course, on them being looked after properly. And the right number for the space available.

I have lived in several houses, and only one was detached, so plenty of neighbours over the years. I've never had problems with neighbours - even when they've annoyed me, I've tried to put long term harmony before temporary improvements. I do have friends who have had arguments with neighbours though, and they've ranged from minor spats to full on disputes with court proceedings.

So, I would tread carefully - there is nothing you can do about the noise. Hens are very pleased with themselves when they've laid an egg, and they hate to think anyone might miss the event. Hens need very little attention. Let them out in the morning and check they've put themselves to bed, and most of the work is done. The hen house and feeders need cleaning, eggs need collecting, but they don't need a lot of daily attention. 

They list bath themselves and amuse themselves all day - really easy pets!

strawb_shortcake

An old neighbour did similar, except they also had a Cockerell too - how we willed a fox to get in their garden. It didn't smell though and being able to nip round the corner for eggs was super handy

MalMonroe

MikeJXE said:

orangeflowers said:

Hi.  I'm just looking for other peoples opinions.

We've just moved into our new house and discovered our neighbours keep chickens, (about 4 or 5 hens we think) next to our house. They have a really big garden, on a corner plot, so only have us as neighbours. There own house must be approx 50m away from these chickens. 

The brick wall at the top of the photo is the corner of my house. My upstairs bedroom window is just out of shot, but inline with the dining room window you can see to the right. The fence is our boundary and then the hut is the chicken coop!  You can just make out one of the neighbours hens in bottom left of the picture. 

There is a distinct odour from here! I can smell them when I walk past and when I open my bedroom window and they are rather loud when laying eggs, which is annoying when it wakes us up! It's not everyday, but it's often enough! 

I have tried politely speaking with them, but they were very abrupt with me, telling me that the chickens were there first! (Not off to a great start!)

Does anyone else think that putting chickens this close to another person's house is weird? I would appreciate some advice. Or is it me just being unreasonable.

I have no issues with the actual chickens. My issue is how close they are to our house.

I will appreciate any replies. 

If I had neighbours like you have I would be inclined to put some nice smelling food at the bottom of my garden, strong smelling cat food or dog food

Perfect for attracting badgers and foxes 

No because that's just mean to all the animals involved. And will definitely attract rats so would defeat any object. (And be expensive to boot, the price of dog and cat food these days.)

MalMonroe

annabanana82 said:

An old neighbour did similar, except they also had a Cockerell too - how we willed a fox to get in their garden. It didn't smell though and being able to nip round the corner for eggs was super handy

Why would you want a fox to get into their garden when their chickens were supplying you with eggs? And why anyway would you want any poor chicken to be killed in such a way? (Hope you had permission to take/paid for the eggs.)

Longwalker

annabanana82 said:

An old neighbour did similar, except they also had a Cockerell too - how we willed a fox to get in their garden. It didn't smell though and being able to nip round the corner for eggs was super handy

Cockerels and you do have a complaint, the allotment act is for hens - and rabbits 

I live very rural and I had up to 20 hens at anyone time 

Next door ( as close as next door as you get as we are all detached ) also had hens - and ended up with cockerels. Now they were noisy, but you live in the country you get noise and smells 

OP, your neighbour has every right to have hens, but they dont have the right to stop you enjoying your garden 

Invite them around for a drink maybe and try again. Be positive about the hens, but as you build a rapport throw in the suggestion that they move their coop to somewhere not so close to your house as the smell is bothering you 

They have probably had them so long they have become nose blind as the ad says and dont notice any smell. My own coop was stripped down every 10 days , scrubbed and new shavings, but then we really did give ours the five star treatment, as all my animals do.

I just wouldn't be confrontational when making the first moves dealing with a problem with neighbours. Be friendly, and dont expect changes immediately 

I live in a small community and when we get new neighbours, an existing resident will arrange a get together to meet as many who want to come. This way we are all friendly, we get to know each other and learn how to approach each other . You could be that organiser, invite the neighbours either side and opposite , you get to know everyone, and you dont look to be the bad guy IF you have to go the official route - esp if its drinks in the garden