Rats problem

darconio

Long story short: I live in a terraced house and both my neighbours have a neglected garden with overgrown weeds (I mean it's way above the fence level) and waste all over the place. This has caused a rat infestation, and while they don't seem to be bothered (my neighbours) I am obviously affected by this: I contacted the council and after being bounced around I was told to contact the Derelict Site
I've provided all the necessary information and proof however I was told that (quoting) "there is no provision in the Derelict Sites Act , 1990 to deal with back gardens"

Now if I read this correctly:

The Derelict Sites Act defines a derelict site as any land that “detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of

• Structures which are in a ruinous, derelict or dangerous condition, or
• The neglected, unsightly or objectionable condition of the land or of structures on it, or
• The presence, deposit or collection of litter, rubbish, debris or waste

Those properties are not falling apart however they definitely fall in the category of:

• The neglected, unsightly or objectionable condition of the land or of structures on it, or
• The presence, deposit or collection of litter, rubbish, debris or waste

Is there anything I can do to force my neighbours to clean up their dump site?
Please don't suggest the use of a cat (I have a dog) or rat poison (done that but the source of the problem reside in my neighbours garden), I will contact HSE pest control but is there anything else that can be done from a legal point of view? Any other suggestion?

MarkAnthony

Contact a solicitor and sue under nuisance.

I would have though the litter warden/council would have some responsibility here though?

nuac

I agree with Mark Anthony.

Mayo Co Council have invoked the Derelict Site legislation in such cases

darconio

MarkAnthony wrote: »

Contact a solicitor and sue under nuisance.

I would have though the litter warden/council would have some responsibility here though?

Thank you for the advice, I thought as well the council would be able to deal with it, however I don't really want to involve a solicitor. I will see if HSE pest control can maybe report the issue while dealing with my problem

Is there any other way to deal with this?

MarkAnthony

darconio wrote: »

Is there any other way to deal with this?

Yep, gloves and some black sacks but this is the legal discussions forum.

nuac

Anyone for discussion on the exceptions to the exceptions from Rylands and Fletcher?

NUTLEY BOY

nuac wrote: »

Anyone for discussion on the exceptions to the exceptions from Rylands and Fletcher?

Is this an exam question ?

Off the cuff, I remember R v F to say that the occupier of land who brings and keeps upon it anything likely to cause damage if it escapes, is bound, at his peril, to prevent it's escape, and is directly liable for the consequences of it's escape even if he has been guilty of no negligence.

We then had the concept of non-natural use of land which might need to be well stretched to make it fit this case.

Offhand, I can't see R v F fitting this one. Undeniably, there has been an escape. However, on the basis that the occupiers did not bring and keep the vermin on their land, I would find it hard to see non-natural use.

Turning back to the OP I always thought that this type of issue was a public health matter. I would be exploring that angle to see if the authorities - any authority at this stage - would have any rights or obligations to enter the offending premises and treat the vermin infestation thus effectively abating a serious nuisance. Rats are a very serious health threat and need to be taken seriously, especially if you have young children who might be out in the garden.

We had a brief visitation from the furry ones a few years ago - building works on ground that had been unoccupied for a few years disturbed them. Strong applications of Jeyes Fluid around the rat runs helped move them on.(BTW buy the 5 Litre catering size Jeyes from the builders providers as that is usually the best value.)

We did contact the local authority to deal with the problem but the evasion and side stepping was magnificent and it was resolved with the usual Irish public administration model of thinking i.e. ignore it and it will go away.

P.S. OP might contact Citizens Information for a possible steer on who to chase up for attention to this.

NUTLEY BOY

OP I should have asked if the offending properties are in private ownership by the present occupiers ?

If they are local authority tenants the Council should be approached on the basis that they - the Council - are permitting the continuance of a nuisance on their property.

If privately owned and the occupants are tenants that might pose a practical problem as some landlords just don't give a flying fig-roll.

Given the disposition of the offending occupiers a legal action probably wouldn't bother them although I agree that this is nuisance. If one of the agencies of official Ireland could sort it out that would be the best practical solution.

MarkAnthony

NUTLEY BOY wrote: »

OP I should have asked if the offending properties are in private ownership by the present occupiers ?

If they are local authority tenants the Council should be approached on the basis that they - the Council - are permitting the continuance of a nuisance on their property.

If privately owned and the occupants are tenants that might pose a practical problem as some landlords just don't give a flying fig-roll.

Given the disposition of the offending occupiers a legal action probably wouldn't bother them although I agree that this is nuisance. If one of the agencies of official Ireland could sort it out that would be the best practical solution.

Actually - if it's privately rented this might be one of the few instances the PRTB is more useful than a condom machine in the Vatican.