Dead animal in attic!

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    #1

    Dead animal in attic!

    We have a lovely siuation with a dead animal in an attic! The tenant has called to say that maggots are coming through the light fitting in a first floor room. We do not allow tenants to use attics for health and safety reasons so I cannot expect them to remove it, but I believe that removing the dead animal is the landlords responsibility, but knowing how difficult he can be can anyone quote any Act/Law etc that would help me convince him to act?

    Thanks in advance
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    #2
    The Dead Animals (Removal) Act 2009 is not yet in existence!
    The attic is not part of what you let to T. Removal must be your responsibility (just as is ridding the property of the maggot infestation).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Originally posted by fallenlord View Post
      We do not allow tenants to use attics for health and safety reasons so I cannot expect them to remove it, but I believe that removing the dead animal is the landlords responsibility, but knowing how difficult he can be can anyone quote any Act/Law etc that would help me convince him to act?
      Sorry if I'm being dense but what you say you want to convince T to act, what is it exactly that you want to convince him to do?

      Or are you the LA and you want to get the LL to act? That would make more sense. In which case, wouldn't it come under health+safety laws? Presumably maggots aren't very hygienic...

      The other question is, what is this animal and how did it get there? Presumably it's either a small mammal (in which case how many live small mammals are there and what are they eating?) or it's a bird (in which case how did it get into the roof and how much of the loft insulation has it removed to make nests?)

      Peter

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        #4
        Possible routes:

        The Health and Safety at Work Act might cover it as the property is used for commercial purposes. (ie income for LL)

        The law of Tort can be used for acts of negligence such as this

        Contractual quiet enjoyment is being breached by maggots

        If this was reported to the Local Authority they could assess it as a hazard under the Housing Health and Safety Rating System, and issue a notice for action to be taken. Non compliance may result in legal action. It is a protection from infection issue

        http://www.communities.gov.uk/housin...ons/landlords/
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

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          #5
          Thanks everyone for your comments. Yes Im the LA, and have now spoken to the landlord who is paying for a pest controller to visit. I just needed a bit of "weight" to my request for him to pay as I know how he can be!

          Alls well that ends well.

          Comment

            #6
            [quote=jeffrey;55635]
            The attic is not part of what you let to T. quote]


            What is this based on Jeffrey ?
            A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
            W.Churchill

            Comment

              #7
              Post #1 states that, "We do not allow tenants to use attics for health and safety reasons": so they're not let, are they?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

                #8
                Originally posted by jeffrey View Post
                Post #1 states that, "We do not allow tenants to use attics for health and safety reasons": so they're not let, are they?

                Point taken assumming it is in ast ..
                A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                W.Churchill

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