Old Swan landlord fined after refusing to remove rubbish which led to rodent infestation

Liverpool City Council has successfully prosecuted a landlord who failed to remove a large accumulation of waste at a private rented property which caused misery for neighbours.

A hearing at Wirral Magistrates Court on Thursday 4 July sentenced Antonio Boscarino of Edgewell Drive in Childwall, to fines and costs totalling £1,960.

This followed multiple complaints by neighbours about the property, located on Mowbray Grove in Old Swan.

The Council’s Private Sector Housing (PSH) team initially investigated the issue in August 2022 and found masses of waste piled high, including scrap metal items, wooden fence panels, garage doors and a children’s slide within the curtilage of the property. The landlord denied this was waste, confirming the items belonged to him and that he was using the garden space as his own storage facility.

The accumulations led to evidence of rodent activity, which caused great distress to the residents in neighbouring properties, who stated that they were unable to use their own garden space.

The Private Sector Housing team attempted to work with the landlord to ensure the items were removed and the garden cleared, however despite several meetings and warnings, they failed to take the required action.

As a result, in April 2023 the landlord was formally served a notice under section 4 of the Prevention of Damage by Pests Act 1949. This notice legally requires them to remove all accumulations of waste outside the property within 28 days.

A follow up visit to check compliance with the notice took place in May 2023 and again in July 2023. During both visits, it was found that the landlord had failed to take any action and the matter was therefore referred for a prosecution hearing.

During the hearing, the landlord stated he had moved some of the materials and intended to move the rest but could not because of ill health and issues with the existing tenant.

Magistrates explained that the landlord’s action had caused anger and frustration for the neighbouring residents, as this had been ongoing for a considerable amount of time. They also stated the fine reflected the serious nature of the offence and that he is still obliged to remove the rubbish.

Cllr Sam East, Cabinet Member for Housing, said: “The landlord made life a misery for people in neighbouring properties through his ongoing refusal to clear up the rubbish, meaning they could not enjoy their own outdoor space.

“If residents are having issues with irresponsible landlords, they should get in touch via our website.”

Councillor Laura Robertson-Collins, Cabinet Member for Neighbourhoods, said: “This result reflects our dogged commitment to continuing to chase down landlords who do not treat their neighbourhoods with respect.

“The message to landlords is that we will take action when we receive complaints, and although we seek to resolve issues amicably, we will take legal action if we need to.”

Issues can be reported at https://liverpool.gov.uk/housing/report-housing-standards-and-conditions/private-housing-conditions/