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Scotland

Refuse

If rubbish is allowed to accumulate it may attract vermin and constitute a danger to residents. Occupiers should contact the local authority that has powers to require and carry out removal of accumulations.

This content applies to Scotland

Refuse

Depending on the circumstances environmental health officers might use the Environmental Protection Act 1990 or the Prevention of Damage by Pests Act 1949.

In multi-storey blocks of flats problems may occur if rubbish chutes and collection bins are not regularly cleaned. A tenant living in a flat adjacent to a blocked chute or collection bin that is constantly overflowing will be able to take action as a house that is not safe to live in due to the threat of disease is not habitable and tenantable. [1] It may also mean that the landlord is in breach of her/his obligation to provide and maintain a house that is fit for human habitation. This problem could also amount to a statutory nuisance in terms of the Environmental Protection Act 1990. For more information, please see the section on the Environmental Protection Act.

Last updated: 13 February 2020

Footnotes

  • [1]

    Scottish Heritable Security v Granger (1881) 8 R 459 regarding defective drains