Neighbour leasing property and dumping rubbish is our shared alleyway.

gjfromuk

Doesn't appear to be an ideal category for this... we have a leased tenant neighbour who's property backs onto a shared 'unadopted' alleyway, who is slowly but surely filling it up with either discarded rubbish, or stuff he is choosing to 'store' there for the last 3 years +. This alleyway is approx 6ft wide and deemed as private property, so the council are apparently not responsible for it. About a year ago another neighbour pulled him up about it and he then cleared a pathway from his house to the end gate... i.e. he's second from the end. But that is blocking that pathway entrance/exit for me and any neighbours beyond that section, and since then he has slowly but surely started to fill up that alleyway again. Like many alleyways like this, it's not used generally, so I've reluctantly tolerated this activity. But as they lease the property they could up-sticks at any time and just leave all their rubbish in the alley with nobody accountable or willing to remove it. Also the recent winds mean fences at the back need to be replaced and therefore access to the alley would be really helpful.

So... knowing the council are not willing or in a position to do anything, means it's a real dilemma. Does anyone know what my options are IF the tenant refuses to acknowledge this is their rubbish or refuses to clear it? Can I make the Landlord responsible?... and even if I could how do I find out who the landlord is? 

Any meaningful advice would be gratefully accepted as this appears to be a conundrum if the tenant does not play ball.

Thanks

greatcrested

You say 'lease'. Do you mean he is a tenant eg renting on an AST? Or he has a long lease eg 99 years?

You have 3 options

1) if he's a tenant, speak to the landlord

2) speak to the tenant. These matters are far best resolved amicably if possible. Bake him a nice cake and take it round.

3) check the legal status of the alleyway: Who owns it? Who has right of way? Do you have a ROW? What do your Title deeds say? What doe the Deeds to his property say? Depending on the answers, use the courts to enforce your rights.

princeofpounds

Greatcrested's questions are all important. You seem vague on what tenure status this person has. 

Also:
- which part of the council did you actually speak to? Was it environmental health?


Powers that councils have depend on the type of waste nuisance e.g. https://new.brighton-hove.gov.uk/environment/noise-pollution-and-air-quality/report-rubbish-and-drainage-issues-private-land

You other main route of official enforcement would be through a court injunction, which may be possible under certain circumstances.