Rats are coming in from our neighbours' garden - what can I do? Lawyer DEAN DUNHAM replies

We were recently horrified to see a large rat running across our back garden. 

We are almost certain the rodent came from next door's garden, which is overgrown, has overflowing bins and has decking – a popular home for rodents. 

Can we make our neighbours take action to get rid of the pests – and what if they refuse? 

We both own our homes.

H.C., Birmingham.

Unwanted guests: A reader is being plagued by rats, which they believe are coming from a neighbour's overgrown garden (file picture)

Dean Dunham replies: With any issue you have with a neighbour, the first step is to speak to them and try and resolve things amicably.

Often, the neighbour responds by saying they weren't aware of the problem or how it was affecting you, and takes the appropriate action to rectify it.

If the friendly chat does not work, however, you will have to turn to the law.

Your next step will be to gather evidence of the infestation, which should consist of photographs and videos of the rats running through your garden, and a diary recording the number of sightings over a week. 

Armed with this, you should contact your local authority's environmental health department.

Give them your name and address, the neighbour's address, detailed information about the infestation and the evidence you have compiled.

Your local authority will then have the power, under a law known as the Prevention of Damage by Pests Act 1949, to investigate the infestation and, if appropriate, to take action.

This includes insisting that your neighbour gets rid of the rats, the council taking pest control action at your neighbour's expense, and ultimately taking enforcement action if the property owner fails to control the vermin.