Some people find it difficult to look after themselves and their property and their property may become untidy and dirty. This may not be serious enough for the Enforcement team to become involved - although other agencies such as Social Services or others may be able to offer support.
In some cases the situation may deteriorate to a level where there are personal hygiene issues, smells, accumulations of waste, possibly infestations of rats, mice, flies and there is a real risk to the health of the occupier and others such as neighbours. If you are aware of someone who is living like this who may require our assistance please contact us using the details at the end of this page.
Filthy or verminous premises are properties that are considered verminous (including rats, mice, insects or parasites including their eggs, larvae and pupae) or in such a filthy condition as to be prejudicial to health (usually means that there is rotting food, human or animal excrement inside the property).
Such properties are frequently characterised by an accumulation of material that can make access to a premises difficult and that may present a physical or fire risk to the occupants or those of adjoining premises.
Dudley MBC has a statutory duty under the provisions of the Public Health Act 1936 and section 79 of the Environmental Protection Act 1990 to investigate complaints about premises which are in such a filthy and/or verminous condition or are prejudicial to health. This would not include premises which are merely unsightly, untidy or in a bad state of repair.
If a report is received and there is a risk to health, other agencies such as Social Services may also become involved and informal discussions will be undertaken so that the owner/occupier can clean the property.
Once we are aware of a filthy or verminous house we will inspect the property so we can decide what actions to take. Here are some examples of the work we may carry out.
The initial approach is always to try to resolve problems by discussion and negotiation with the occupier, private landlord, social landlord and other agencies. The purpose of such discussions is to try and gain an agreement to remove all rubbish and articles and to thoroughly clean the property.
If the owner/occupier fails to comply, the Council can serve a statutory notice requiring the property to be cleansed and all rubbish and filthy articles removed.
Failure to comply with the notice may result in the Council executing the work specified in the notice and recovering the costs from the owner/occupier. Legal proceedings may also be instigated for non compliance of the notice.
If Notices are not complied with the Council can carry out works in default and employ contractors to carry out the required works to clean the property and/or eradicate the vermin. Costs incurred would then be recovered.
It should be noted that the Council cannot use these powers to deal with properties that are merely unsightly, untidy or in a bad state of repair.
Premises that are unsightly and deemed to be detrimental to the amenity of the neighbourhood can be dealt with Section 215 of the Town & Country Planning Act 1990.
The council can serve a notice on the owner of any land or building which is in an unreasonably untidy condition and we consider has an adverse affect on the amenity of the area. The Untidy Land Notice specifies what needs to be done to correct the situation.
These types of complaints are dealt with by Planning Enforcement.