The Prevention of Damage by Pests Act 1949

The Preventio of Damage by Pests Act 1949

Duties of Local Authorities (Under Section 2)
Every local authority is responsible for securing, as far as precticable, that its district is kept free from rats and mice and in particular:

• to carry out periodical inspections of their areas, including agricultural land;
• to destroy rats and mice on land occupied by the authority;
• to enforce the duties under the Act of owners and occupiers of land.

Obligations of Occupiers (Under Section 3)
Occupier of non-argicultual land must notify the local authority if 'rats or mice are living on or resorting to the land is substantial number.' There is no defination, however, of the term 'substantial numbers'.

Power of Local Authorities to Require Action (Under Section 4)
If it appears to a local authority that steps should be taken to get rid of rats and mice on any land (agricultural or non-agricultural), the authority may serve a notice on the owner and/or occupier requiring such action to be taken within a specified reasonable period. The notice may lay down the method of treatment, when it is to be carried out, and (subject to the right of appeal) may require structural repairs or other works to be carried out.

Failure of Owner or Occupier to Take Action (under Section 5)
If an owner and/or occupier fail(s) to take steps to get rid of an infestation within time specified in a local authority's notice, the authority may itself understake the work and recover the expense incurred.

Powers of Local Authorities in Relation to Groups of Premises (Under Section 6)
If the local authority considers that rats and mice are present in substantial numbers on any land comprising premises occupied by different persons and that the land should be dealt with as one unit, the authority may itself take the necessary action (but not understake any structural work) instead of serving notices on the individual owners or occupiers. The authority must, however, give the respective occupiers seven days notice of its intention and specify the steps it proposes to take. The cost of this work is recoverable from the occupiers, in fair proportions; for this purpose any unoccupied premises and deemed to be in the occupation of the owner.