When a pest problem is really a property problem
Most infestation advice assumes an occupier who wants the problem solved. Some cases are different: a property accumulates so much rubbish or hoarded material that rats, mice or insects thrive, and the occupier may not be able or willing to act. For those cases, councils in England and Wales have an older power than the modern statutory nuisance regime. This article explains it. It covers England and Wales only; the legislation database marks these provisions as applying there, and Scotland and Northern Ireland are outside its scope.
What section 83 says
Section 83 of the Public Health Act 1936 applies where a local authority, on a report from one of its officers or other information, is satisfied that any premises are in such a filthy or unwholesome condition as to be prejudicial to health, or are verminous. In that case the authority is required to give notice to the owner or occupier, requiring them to take specified steps to remedy the condition by cleansing and disinfecting the premises. The notice may require, among other things, removal of wallpaper or other wall coverings and, for verminous premises, the steps necessary for destroying or removing vermin.
The notice can also require the interior surfaces of premises used for human habitation, shops or offices to be papered, painted or distempered. If the person served fails to comply, the authority may carry out the work itself and recover its reasonable expenses, and the person also faces a fine. The Act allows the person served to argue that the authority’s requirements were unreasonable, or that the notice should have been addressed to the occupier or owner instead of them.
Gas treatment and temporary housing
Section 83 has a specific provision for verminous premises. The notice may require that the authority be allowed to use gas to destroy vermin on the premises. In that case the notice must be served on both owner and occupier, the authority bears the cost of its operations, and it may provide temporary shelter or house accommodation for anyone compelled to leave because of its operations. The section does not apply to premises forming part of a factory, mine or quarry.
Filthy or verminous articles
A neighbouring provision, section 84, covers items rather than buildings. Where an article in any premises is so filthy that cleansing, purification or destruction is necessary to prevent injury or danger of injury to the health of a person in the premises, or is verminous or likely to be so, the authority shall cause it to be cleansed, purified, disinfected or destroyed, at its expense, and removed from the premises if necessary. That provision works on a certificate from the authority’s proper officer.
What councils say happens in practice
Council pages show the approach in real terms. Pembrokeshire County Council in Wales describes filthy or verminous premises as properties considered verminous, including rats, mice and the eggs, larvae and pupae of insects or parasites, or in such a filthy condition as to be prejudicial to health. It says such properties are frequently characterised by an accumulation of material that can make access difficult and present a physical or fire risk to occupants or neighbours. Its public health team has a duty to deal with them under section 79 of the Environmental Protection Act 1990 and section 83 of the 1936 Act.
The sequence it describes is: an officer inspects, discussions with the owner or occupier try to secure agreement to remove rubbish and clean the property, and if that fails the council can serve a statutory notice. If the notice is not complied with, the result may be prosecution or the council carrying out the works in default, using a contractor and recovering the costs from the owner or occupier. Maldon District Council in Essex says cases are rare and often associated with other problems the occupier is suffering, and that it often works with social services to try to deal with the matter informally and sensitively. It lists section 83 and the Prevention of Damage by Pests Act 1949 among its legal powers.
What this means for neighbours, landlords and owners
If you are affected by a neighbouring property, a pest controller alone will not solve the underlying cause if hoarded material provides food and harbourage. The council route is the appropriate one, and councils describe informal engagement first. If you are a landlord or owner, note that the notice can be directed at the owner as well as the occupier and that the authority can recover costs. If you are a tenant, telling your council is also a way to trigger official assessment where a landlord will not act, alongside the statutory nuisance route described in our other guide.
Reporting is usually by an online form or email to the environmental health or public health team. Pembrokeshire, for instance, asks for reports to its public health team, while Maldon provides an online form. Providing dates, photographs and what you have already tried helps.
The bottom line
Section 83 of the Public Health Act 1936 lets councils in England and Wales require the cleansing and disinfection of filthy or verminous premises, and to carry out the work and recover the cost if the notice is ignored. Councils describe using it rarely, informally first, and sensitively where the occupier is struggling. If pests are linked to hoarding or filth, report to your council’s environmental health team rather than expecting a pest controller to fix the whole problem.
Sources
- Legislation.gov.uk, “Public Health Act 1936, section 83: Cleansing of filthy or verminous premises”
- Legislation.gov.uk, “Public Health Act 1936, section 84: Cleansing or destruction of filthy or verminous articles”
- Pembrokeshire County Council, “Filthy and verminous premises”
- Maldon District Council, “Filthy and verminous premises”