When you take pride in the tidiness and cleanliness of your home, it can be hard to look out of your window and see a neighbour who doesn’t do the same. But is there anything you can actually do about it? Well, it depends.
More often than not, you can’t choose your neighbours. And on their own private property, they’re technically allowed to do most things without feeling the repercussions. But when it comes to overflowing bins, piles of clutter in windows, weird smells and mess spilling into shared spaces, there is a level of respect and hygiene that needs to be maintained.
Sometimes, laws must be followed, too. That’s why I asked the experts what to do if you have a messy neighbour who has become a little too lax on their cleaning schedule. And when you might need to take things further.
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What counts as a valid messy neighbour complaint?
‘Messy’ is a very subjective term, as one person’s mess is another person’s tidy. That’s why you need to be careful when addressing nuisance neighbours, as your concerns might be personal opinion rather than a valid complaint.
Couple this with the fact that freehold homeowners have no obligation to keep the inside of their homes clean and tidy, and you enter a grey area that can cause tension if not addressed properly. Tenants are a different story – but more on that later.
However, if your messy neighbour poses a genuine health and safety risk to you and other neighbouring properties (i.e., outside their boundaries), you have a very valid complaint. This is echoed by Neli Borisova, Senior Associate, Property Litigation at JMW Solicitors.
She explains, ‘Untidiness alone will not usually give rise to interventions. However, if the state of the mess creates health risks or public hazards such as attracting rats, rotting, overgrown plants blocking public pavements or drains, or harmful weeds spreading to your land, then you can report it.’
If your neighbour’s mess is a ‘Statutory Nuisance’ – which means it leads to excessive smoke, dust or odours – you also have a legitimate complaint.
How to informally deal with a messy neighbour
1. Open up a friendly, polite conversation
When dealing with a messy neighbour, you need to understand that some people are clutter-blind to their own mess. And while you may have a proper cleaning routine in place in your own home, some people don’t – and they often miss the tell-tale smells that their home needs some TLC.
That’s why Neli says, ‘The best starting point is to try to speak to your neighbour calmly, explaining the particular issue, how it is affecting you and what you would like them to do about it. Your neighbour may not be aware of the issue or the impact it’s having on you.’
You can simply knock on their door to do this. If you don’t feel comfortable speaking to them face-to-face, you could also write them a letter. However, this can often come off as impersonal, so in person is always preferable.
2. Offer to help them
In some cases, your neighbour may have let their home fall into disarray through no fault of their own. They may be disabled or have medical conditions, be too old to maintain their home as they once did, or simply overwhelmed by everyday life, so tidiness has fallen to the bottom of their priority list.
Here, offering to help could solve your neighbourly complaint. You could offer to organise an extra bin through the council to deal with the overflowing rubbish, declutter and get rid of unwanted items if they don’t have a car, or spend a couple of hours cleaning problem areas. They will probably be very appreciative, too.
How to take things further
1. Take photos and document the mess
If the above options don’t work, taking things further is your next step. You’ll need evidence to back your case, so take photos of the mess if you can. Just be mindful that you do so on your own land. As Tom Janda, Property Partner at RFB Legal, explains, ‘You’re entitled to protect your own property, but that doesn’t give you the right to enter someone else’s.’
It’s also worth having a written record of the mess for your own notes, such as important dates and the nature of the mess. This will all aid your case and allow you to keep track of the problem.
2. Talk to their landlord
If your mess complaint is affecting common areas in a shared block of flats, the rules are slightly different. Neli explains, ‘Your neighbour’s actions may be in breach of their lease. Therefore, depending on how the building is owned and managed, you may want to raise the issue with the freeholder, management company or managing agent.’
If it’s a small, one-off mess, it may be that the landlord or freeholder will foot the bill to clean the area. If it’s a continuous problem, the landlord can speak to their tenant and remind them of their agreement to keep their home – and the communal areas – up to a high standard. This might not work, but it could be enough to kickstart their cleaning efforts.
3. Use a mediator
If you’ve tried to talk to your messy neighbour but haven’t gotten anywhere, you could also hire a mediator to help you negotiate a solution. You will have to pay for this yourself, but it can be a helpful next step if you don’t want to go down the (potentially very expensive) legal route.
A mediator will serve as a neutral, impartial middle man that will help you come to an agreement that works for both of you. This can often be done over the phone or in person, but it’s worth noting that the neighbour also has to agree to do this, too.
4. Report them to your local council
If the mess is severely affecting you or your home’s health and safety, and you’ve tried to sort the issue yourself with no luck, you can report your neighbour to your local council. You will need to provide a valid complaint and, ideally, evidence of this before they potentially take action.
As Neli explains, ‘The council has powers to take formal action to deal with such issues through notices and fines.’ However, if you feel like the council has not done a thorough investigation, it’s worth chasing them further.
Of course, you could also take your neighbour to court yourself. But as Samantha Jones, Senior Solicitor, Dispute Resolution Department at Bridge McFarland LLP says, ‘Instructing a solicitor to deal with a neighbour dispute should be a last resort as disputes of this kind are invariably lengthy and expensive, and there is rarely a winner.’
So, remember that a nice friendly chat can often work wonders!
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