North East Lincolnshire Council

Landlords fined after they left back garden looking like a tip

Broken bed frames, old mattresses, a TV and a sofa – just some of the furniture a pair of landlords had dumped in the back garden of a property they owned in Grimsby Road, Cleethorpes.

Bhupendra Patel, 51, and Rita Patel, 44, were punished with fines and costs totalling £2,101 at Grimsby Magistrate’s Court after repeatedly ignoring warnings to clear up their mess.

North East Lincolnshire Council’s Community Protection and Compliance team visited the property in Grimsby Road after a complaint on 3 August last year about rubbish mounting up in the back garden and holes in the roof where birds had started nesting.

Officers asked the Patels to tidy the garden but when they returned two weeks they found that not only had the waste not been cleared, more had been dumped.

The owners were given a legal notice on 8 September to remove the rubbish within 28 days.

Officers found the rubbish was still there when they returned 28 days later and the works were carried out in default by the Community Protection and Compliance team.

Both defendants failed to attend court on 11 May and again on 1 June and were found guilty in their absence of failing to comply with an Abatement Notice served under Environmental Protection Act 1990, Section 79 (1) (e).

The court imposed a fine of £660 per defendant and split the costs of £550 between them. There was also a victim surcharge of £66. Each defendant has to pay £1,001.

Cllr David Bolton, portfolio holder for Safer and Stronger Communities at the Council, said:

“Imagine how you would feel living next to that dump?
“It’s really not fair on neighbours and the wider community when properties are left in such a state.
“More serious problems arise when derelict-looking properties become a magnet for fly-tipping, squatting and arson.”

Overview and Scrutiny Committee Chair, Cllr Stephen Beasant, added:

“It’s absolutely unacceptable for a landlord or any resident to leave their property looking like a tip.
“At a time when public money is being squeezed, this irresponsible behaviour adds a huge financial burden on councils who pay for the cost of the clean-up.”

 

Accumulations or build-up of rubbish and severely overgrown gardens can have a negative impact on the neighbourhood. It becomes a nuisance when it begins to smell, encourages vermin or is unsightly.

What can you do?

My neighbours garden contains rubbish, is there anything the Council can do?

If you believe the rubbish is attracting vermin or contains food waste you need to report using the online form. If the rubbish is inert i.e. wood, rubble, metal and is not likely to cause any issues, it is unlikely that that we will be able to take any action but you can complain using the online form if you have further issues you wish to raise. You should state how this is affecting you or your family. Officers will go and investigate and take further action if appropriate.

 

My neighbours garden is overgrown what can I do about it?

A garden that is simply overgrown and/or untidy does not constitute a statutory nuisance and will not be investigated unless there is a possibility of it harbouring vermin or waste.

 

My neighbour allows their pet(s) to foul in the garden and doesn’t clean it up, what should I do?

Firstly, speak to your neighbour and advise them of how it is affecting you, if they refuse to do anything, you can report it using the online form on this website. We will investigate and where appropriate take action.

 

What should you do?

Try to talk to the parties involved. If this is not possible or does not result in a mutual agreement, please complete our online form Waste in gardens. Our officers will attend as soon as practicable. If they deem the issue to be causing a nuisance they will engage with the party involved. They are well trained to work within the bounds of the legislation.

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