Section 215 - Rubbish in rear Yard - Who is responsible? PLEASE SHARE YOUR EXPERIENCES.

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Z
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The tenant has left some rubbish in the rear yard.

The council have advised me that they intend to serve a Section 215 notice on both occupier and owner - but the landowner will have ultimate responsibility to keep their land clear of rubbish.

I have advised them that as the property is let - legally they should only be contacting the tenant who is the current legal occupier. they do not agree! Whom is this correct?

I also advised them that according to the Town and Country Planning Act 1990 Section 215 a Section 215 can only be served when the condition of land adversely affects the amenity of the area.
As this property has a back wall, I would like to know how the state of this enclosed rear yard affects the amenity of the area.

They replied - As regards what constitutes amenity, this is a matter that will be ultimately decided by the courts but accumulations of rubbish can attract vermin and also the rubbish is visible from the upper parts of neighbouring properties.

Any advice regarding my true legal responsibility and also if this is actually considered adversely affects the amenity of the area would be much appreciated.

THANKS.

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29/11/2010 00:00

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