What are your rights if your neighbour fly-tips or has a messy garden?
Here's how you can take action against nuisance neighbours if they fail to clean up their mess.
A 'nightmare neighbour' evicted from his property after turning his front garden into a makeshift tip has highlighted the issue many homeowners face of fly-tipping and messy bordering gardens.
Steven Glover was evicted from the property on Peach Avenue, Stafford, by Stafford Borough Council after families complained for more than a year. Disgusted homeowners said the eyesore had attracted rats, caused health problems for their children and accused council bosses of doing nothing to help.
However, after their plight was widely reported, the council took court action against Glover and he has been evicted from the property after the authority secured a three month closure order from magistrates.
It comes after Glover failed to comply with a notice ordering him to remove the tonnes of waste and clear up the garden to its previous state. Work has now started to remove the piles of debris stacked up on the driveway – including rubble, sofas, mattresses, wooden panels, fridges and carpets.
So what can you as a homeowner if faced with a similar situation? Yahoo News UK lays out the common issues and what to do.
What are your rights when it comes to rubbish in your neighbour’s garden?
If you find rubbish accumulating in your neighbour’s garden, your rights depend on how severe the issue is.
If the waste is causing a nuisance, such as attracting vermin or obstructing access, you may have grounds to take action.
Fly-tipping, which involves the illegal disposal of waste on land that doesn’t have a licence to accept it, is an offence under the Environmental Protection Act 1990. This applies even if the waste is on private property, especially if it poses a health or safety risk.
You can make an official complaint about someone's unkept garden but you should not take any action yourself as you could fall foul of trespassing laws.
Your first step should be to speak to your neighbour and attempt to resolve the issue amicably.
How much rubbish is too much?
There isn’t a specific amount of rubbish that automatically constitutes ‘too much,’ but the accumulation of waste can become a problem when it affects the environment, public health, or safety.
Under the Environmental Protection Act 1990, waste must be disposed of properly, and failing to do so can lead to legal consequences.
If rubbish is left in a garden or property and causes issues such as attracting pests, blocking access, or becoming a fire hazard, it can be considered a nuisance or even fly-tipping if disposed of illegally.
While there are no hard and fast rules about the exact amount of waste that is too much, local councils have the authority to intervene if rubbish is deemed to be a health or safety risk – such as if waste is left uncollected, restricts access on the pavement or is overflowing out of bins. In these instances, councils may issue a fixed penalty.
Additionally, properties with large amounts of waste may be investigated by the council or the Environment Agency for potential violations of waste disposal laws.
Can rubbish be a health hazard?
Rubbish can pose a health hazard, even if it is simple weekly household waste. Accumulated waste, particularly when left untreated or improperly stored, can attract pests such as rodents, insects, and even larger animals, all of which can carry diseases.
Rats can be a particular problem as they are known to spread diseases like leptospirosis and salmonella, while flies can transmit bacteria from decomposing food or waste.
The buildup of rubbish can also lead to foul odours, which has the potential to affect air quality and exacerbate respiratory issues like asthma.
Certain types of waste, such as broken glass, sharp objects, or hazardous materials like chemicals or asbestos, present immediate physical dangers. These items can cause injury or pose poisoning risks, especially if they are accessible to children or pets.
Additionally, if rubbish is left in damp conditions, it can quickly decompose, leading to mould growth, which is harmful to both the respiratory system and overall health.
Who should you complain to?
If talking to your neighbour has not resolved the issue, then you can complain to the authorities.
For general concerns about waste accumulation, you should start by contacting your local council. Most councils have an environmental health or waste management department that handles complaints about rubbish, fly-tipping, and waste disposal.
If the rubbish is causing a public health hazard, such as attracting pests or creating unpleasant odours, the council may send an officer to investigate and take appropriate action.
If the tenant is renting, you may be able to find out the landlord and complain to them, leaving them to deal with the issue.
If the waste includes hazardous materials or is a larger-scale issue, you can contact the Environment Agency. They deal with serious environmental risks, including illegal dumping and waste that poses a significant threat to public safety. They can investigate cases of fly-tipping or improper waste disposal that fall outside local council jurisdiction.
In some cases, if the rubbish is a private nuisance or blocking access to your property, you might want to consult a solicitor to explore civil legal options.
Citizens Advice have more information on who best to contact.
What are the penalties for not cleaning up mess?
Failing to clean up mess or dispose of waste properly can result in significant penalties. Under the Environmental Protection Act 1990, individuals and businesses have a legal responsibility to ensure their waste is disposed of safely and legally.
If waste accumulates and poses a health or safety risk, or if it’s improperly stored or left abandoned, local authorities can issue fines or fixed penalty notices of up to £80.
If rubbish on property becomes a public nuisance, the local council may issue a community protection notice (CPN), requiring the mess to be cleared within a certain time frame. Failure to comply with a CPN can result in fines of up to £2,500 for individuals or £20,000 for businesses. Additionally, the council may arrange for the rubbish to be cleaned up and charge for the cost.
In cases of severe neglect or ongoing waste accumulation that affects neighbours or the environment, legal action can be taken, and the fines or penalties may increase.
For fly-tipping—the illegal dumping of waste—penalties are more severe. Fines can be as high as £50,000 or imprisonment for up to 12 months if the offence is prosecuted in a magistrates’ court.
For larger-scale fly-tipping, the penalties can increase to £250,000 and up to 5 years in prison. Even small-scale incidents of illegal waste disposal can lead to fines of up to £400 if dealt with by local authorities through fixed penalty notices.
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