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Rat infestation in adjacent flat block

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  • Rat infestation in adjacent flat block

    Hi all,

    We are freeholders in a property that is next to a block of flats with a bin store that is managed by a management agent.

    For the last few months there has been a rat infestation in the bin store and there is evidence that the rats have been tunnelling all around the communal areas and unfortunately also encroaching on to our property.

    Ourselves and some tenants of the flats have been in contact with the management agent to report the issue and to try get them to implement appropriate pest control measures. The local council have also been brought into the loop who have also been in contact with the managing agent.

    However this has been dragging on for months with no real resolution in sight.

    As the infestation is in an adjacent property and we are not directly involved with the flat block or the managing agent, are there any legal avenues available to us as it feels we are at their mercy and we are trying to prevent further damage to our property (currently holes in the garden etc, but really don't want them finding their way into the house).

    Any suggestions of potential options and starting points would be really appreciated.

    Many thanks.
    Tags: None

  • #2
    Hi Spuddy

    Welcome to LB

    The Council shouldn't be 'tip-toeing' around this situation, they have a 'duty of care', for the health and welfare of it's residents. Write to the Council that this has been going on for a long time and still isn't resolved. Make sure you get Proof of Postage or do it online.

    You need to get a 'deadlock / final response' letter from the Council, then lodge a complaint with the LGO. The Council can take all sorts of actions against the management company, fines etc.

    https://www.lgo.org.uk/

    Comment


    • #3
      To reinforce that, this is a Statutory Nuisance that the local authority should deal with under s79 onwards Environmental Protection Act 1990. The council can bring enforcement action requiring the statutory nuisance to be 'abated'. You can also bring action yourself under s82.

      Also, it is actionable as a private nuisance.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Just to add, if any of your Insurance policies / other has legal expenses cover, this type of matter might be covered, check.

        Comment

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