Foxes maintain tearing open the garbage luggage subsequent door places out. Can I power them to get a bin? DEAN DUNHAM
My neighbours leave bags of rubbish outside their house and foxes get into them. It then blows into my front garden for me to pick up.
The neighbours say there is nothing they can do as the council won’t provide them with a bigger bin. Can I make them tidy it up or buy another bin?
W.L., by email.
Dean Dunham replies: Under the Environmental Protection Act 1990, households must ensure their rubbish is contained properly so that it does not cause a nuisance, such as rubbish blowing on to neighbouring properties or attracting animals.
Leaving loose bin bags outside, knowing foxes will tear them apart, falls firmly into that category – meaning your neighbour is breaching the law.
The argument that the council will not provide a larger wheelie bin does not absolve them of responsibility.
Litter bugs: A reader is fed up with their inconsiderate neighbours leaving bags of rubbish outside to be torn apart by foxes
Even if a bigger bin isn’t available, they must find an alternative way to store waste safely (a lidded outdoor storage box, for instance), make smaller, more frequent trips to the local recycling and refuse centre or ensure that bags are only put out on the actual collection day.
Before you take any formal steps in this matter, I would advise that you speak to your neighbour again, this time politely pointing out what their legal obligations are under the Environmental Protection Act and exploring if there is any compromise that can be reached. Perhaps suggest the alternatives I have set out above.
If that doesn’t do the trick, contact your local council’s environmental health team and explain the situation.
When doing this make sure you include a diary note explaining how often the problem occurs, describe the extent of the issue and provide evidence to substantiate your claims.
Video footage or photographs of the ripped-up rubbish blown over your property, and preferably showing the foxes in action, would be perfect.
Councils have powers to issue warnings and, if needed, formal notices requiring households store waste properly.
If you are able to provide all this information and evidence, it is likely the council will take this step.
Persistent failure to observe the council’s warnings and directions can result in fines, so hopefully this will be enough to get your neighbour in line.
Oven broke after just 24 months
We had a new kitchen fitted two years ago with new appliances installed. However, the oven has stopped heating up properly.
It only had a one-year manufacturer’s warranty but I believe we have a reasonable expectation that it would work for longer than 24 months.
Who do we approach to get this sorted – the manufacturer or the person who sold us the kitchen and appliances?
Can they charge us to send someone out and fix it, too?
T.P., by email.
Dean Dunham replies: Many traders like to lead consumers to believe that once a warranty has expired, which tends to be after one or two years, their consumer rights also come to an end.
Thankfully, this isn’t true. Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality and be fit for purpose, meaning they must last for a reasonable length of time. Failing this, you will have the right to a free remedy from the trader who sold you the goods.
An oven should clearly last more than 24 months, so unless the issue has been caused by fair wear and tear (unlikely at this stage) or your misuse, you will be entitled to a repair, replacement or refund.
In your circumstances you will need to seek your remedy from the company that installed the kitchen, as the contract is between you and them.
However, as it has been more than six months since installation, the burden of proof – which means the party that must prove their case – shifts to you.
You need to show the fault is due to an inherent problem. In practice, this means obtaining an engineer’s report identifying an intrinsic fault. If this is confirmed, the trader must offer a repair or replacement.
Only if repair or replacement is impossible or disproportionately costly can they look at a partial refund, taking account of the two years’ use you’ve already had.
