Neighbours rights

Katykat

really not sure if this is the correct category but here goes. My MiL owns her terraced house surrounded by low rental properties. A few of these properties have short stay, multiple occupancies ( I’m trying to be polite). There is a common rear access which is blighted by occupants fly tipping. There is rarely a week goes by without dirty mattresses, broken chairs, bin bags etc being dumped. We are forever reporting it to the local council, who eventually come along & clear it, only for it to keep happening. Of course they’ll keep dumping, because they know it will be taken away. The council say they can’t prosecute because we can’t provide evidence of who is doing it. I’m now threatening to take it to the Environment agency, but isn’t that still council run?  

The owner of these properties is some distant unknown, who apparently isn’t bothered because they don’t have to put up with it. But isn’t there some kind of regulation that makes it their responsibility? Surely the council can find out who it is and make them pay for the cost of removal. Or am I being simplistic?

user1977

Katykat said:

The owner of these properties is some distant unknown, who apparently isn’t bothered because they don’t have to put up with it. But isn’t there some kind of regulation that makes it their responsibility?

No, it's the responsibility of whoever is actually doing the dumping. Are you sure it's the tenants? If it's furniture etc being dumped, often it's the landlords doing it between tenants. But you need evidence of who's doing it.

Davesnave

A landlord is not responsible for the illegal actions of their tenants. That's the long and the short of it. They're not their Dad or Mum.

If a council is given evidence of who has dumped something, like a letter or bill addressed to that person among the rubbish, then the Environmental Health Dept will usually prosecute. They cannot act on mere  supposition as it would (rightly) not stand up in court. How do you imagine a council would 'find out who it is' without something identifiable? 

The Environment Agency will only pass whatever communication you make with them to your council who have this kind of responsibility.

Edited to add: The council might take account of the dumping history when deciding whether to renew an HMO licence, but others may know more than me about the likelihood of that

Octothorpe

Can you put up cctv on your side to see who it is? Also if rubbish environmental agency nay look through it to find evidence of who is dumping.

hippocrates1

Just get a camera 

Katykat

Just get a camera 

That’s a good idea. Problem is, I would need one with a range of 5 miles and has the ability to alert me when the rubbish is being dumped. 

davilown

Katykat said:

Just get a camera 

That’s a good idea. Problem is, I would need one with a range of 5 miles and has the ability to alert me when the rubbish is being dumped. 

Don’t the Ring or similar ones do that via your phone and internet?

anselld

Katykat said:

Just get a camera 

That’s a good idea. Problem is, I would need one with a range of 5 miles and has the ability to alert me when the rubbish is being dumped. 

The camera would be at MIL house and connected to t'internet for alerts.
If we are talking about a licensed HMO then the license conditions can be used to hold the Landlord or Licensee responsible for what goes on.  Council departments do not always speak to each other so make sure you have reported to the Licensing department.

AdrianC

Katykat said:

The council say they can’t prosecute because we can’t provide evidence of who is doing it.

It does make a prosecution difficult if they don't know who to prosecute...

I’m now threatening to take it to the Environment agency, but isn’t that still council run?

No, the Environment Agency is national government.
Are you thinking of Environmental Health, which is the local authority...

The owner of these properties is some distant unknown

Unlikely to be them, then.

But isn’t there some kind of regulation that makes it their responsibility?

No.

Surely the council can find out who it is and make them pay for the cost of removal.

If they can prove it, yes, absolutely.

There's regular threads here where people have received penalties issued by their council because their name and address have been in fly-tipped rubbish. But even that doesn't prove they dumped it...