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‘Neighbour’s garden attracts rats and pests – I want to know my legal rights’

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One homeowner was left frustrated after finding rats in their garden, and they believed their neighbour’s chicken coop was to blame – but who’s responsible to get rid of them?

As summer draws to a close and the autumn months approach, you may notice an increase in rat activity in your garden – especially as the many heatwaves might have increased number of rats around.. Rat sightings peak between September and November in the UK, as the breeding season winds down and rats venture into homes in search of food and warmth as the temperature drops.

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While there are various measures you can take to discourage rats from entering your garden in the first place, such as using natural repellents, it can sometimes feel unavoidable, particularly if they have already made their way into a neighbouring garden.

This was precisely the situation faced by one homeowner, who sought advice after repeatedly discovering rats entering their garden from next door, suspecting that their neighbour’s chicken coop was the source of the problem.

“During the day, I spotted two rats in my garden, seemingly sniffing around some of the flower beds,” they explained in a Reddit post. “I went outside to see where they may be coming from (one of them was brazen and didn’t disappear immediately when I went outside) and spotted two little tunnels dug under the neighbour’s fence through which they must have came through.”

They added: “My neighbours started keeping chickens in a chicken coop recently, and I can only assume the rats found some feed. In the five years we have lived in this house, we have never had any issues with rats or seen signs of them.”

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They continued by questioning whether it would be preferable to speak to the neighbour about the problem, despite not enjoying the strongest relationship with them, or simply contact pest control to eliminate them.

Legal rights if rats keep entering your garden due to neighbour

You have the right to report a serious rat infestation to your local council’s environmental health department if it presents a public health risk or a statutory nuisance under the Environmental Protection Act 1990.

Section 79 of the act states that premises in such a state as to be prejudicial to health or a nuisance (such as from accumulated rubbish or poor waste management) allow councils to serve an abatement notice.

Meanwhile, the Prevention of Damage by Pests Act 1949 requires landowners and occupiers to keep their property free from rats and mice, giving local councils the power to take enforcement action.

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As a homeowner, you are legally responsible for ensuring your own property does not attract or harbour pests, meaning you should avoid placing traps or poisons directly over the boundary line.

What to do if rats enter your garden from neighbours

One of the initial steps recommended if you discover rats coming into your garden from your neighbours is to speak to the neighbour in question about the matter, as they may not be aware of it in the first place. It is also worth examining your garden thoroughly to identify any gaps or potential entry points through which rats may be gaining access, thereby preventing any future occurrences.

This can involve sealing any holes, securing your bins, clearing away garden clutter, and ceasing to feed wildlife if it is attracting rodents to the area.

Should your neighbour decline to take action and the infestation begins to affect your health or immediate surroundings, contact your local authority’s environmental health team and present them with documented evidence.

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