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What authority do the council hold over me as a freeholder?

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  • What authority do the council hold over me as a freeholder?

    Hello everybody,

    As some context to my query, I have a mortgage on my property and am the freeholder, and my neighbours are council tenants. One of our neighbours is also currently under bail conditions not to contact us following a barrage of unprovoked abuse and threats we received one evening when he was under the influence of what seemed like rocket fuel.

    Now, with the above in mind, I’ve had a letter through from my local council titled ‘Alleged accumulation of rubbish in the back garden’ - in a nutshell, one of our neighbours has put a complaint in (I’m 99.99% it’s monsieur rocket fuel - but that’s my own opinion). It is an allegation of storing household rubbish in my garden, which I don’t - I put it out for collection once a week like most folk.

    Now, before you start picturing scenes from the TV show ‘Shameless’, it’s actually building debris (brick, timber, old kitchen tiles etc) which I’ve been clearing over the past few weekends as we are currently renovating our house - and it isn’t even that bad. I predict another weekend and it will be gone.

    So coming back to this letter I’ve received from the council, I’m wondering what authority they actually have over me as a freeholder of the land? In their letter they have reference two pieces of legislation, but have not referenced a section or sub-section that I could possibly have contravened. I’m going to call the council tomorrow as I want to discuss the letter. Now, hypothetically, if I had a garden full of rubbish, what could they actually do, under what grounds?

    Sorry for rambling, I’m just a bit incredulous that this letter has come through for a few bricks and joists, from a neighbour on bail who is clearly trying to play political tennis over our fence. The old, ‘You get the CPS to prosecute me; I’ll complain to the council about your garden. Two can play that game!’

    Thanks everybody

    Danny

    Tags: None

  • #2

    I wouldn't bother questioning the council about their rights.
    Just explain what is there, why it is there and how it will be cleared in due course, and invite them round to inspect it.

    They only have powers to enforce the removal of rubbish from private land which contains material that could attract pests or pose a risk to public health.

    Comment


    • #3
      Originally posted by des8 View Post

      I wouldn't bother questioning the council about their rights.
      Just explain what is there, why it is there and how it will be cleared in due course, and invite them round to inspect it.

      They only have powers to enforce the removal of rubbish from private land which contains material that could attract pests or pose a risk to public health.


      They can under Section 215 TCPA

      Your advice as to what to say to the council is good though
      Last edited by Ukmicky; 11th October 2021, 22:19:PM.

      Comment

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