More people across the UK could find their neighbours have pets thanks to a change in the law that makes it difficult for landlords to stop tenants from having a pet. This comes as people already face problems with pet owners not clearing up after their animals, or with animals entering neighbouring gardens and leaving a mess.
Legal Position of Cats
Cats have a unique legal status in the UK. They possess a "Right to Roam," meaning owners are generally not legally responsible for where their cat goes or where it chooses to toilet. Unlike dog owners, cat owners are not legally required to clean up after their pets or prevent them from entering your garden. Cat fouling is almost never considered a "statutory nuisance" by councils, and cats are protected by the Animal Welfare Act 2006. It is a criminal offence to harm, poison, or injure a cat. You cannot do anything that causes pain or injury, such as using air rifles, poisonous substances, or traps that could harm the animal.
Safe Deterrents for Cats
Catrin George, animal wellbeing specialist at Animal Friends Pet Insurance, said: "Whether your own cats or neighbours’ cats are responsible for pooping in your garden, it can be a challenge to manage. While this can be annoying, it’s important not to use deterrents that are dangerous to cats." She recommends scattering citrus peel (orange and lemon) around flowerbeds, as cats have a sensitive sense of smell and dislike overpowering scents. Certain plants like lavender, rosemary, and lemon thyme also deter cats naturally.
Stricter Rules for Dogs
The law is much stricter for dogs. Under the Environmental Protection Act 1990, if a neighbour allows dog waste to accumulate in their own garden to the point where the smell or flies become a health risk to you, the council can intervene. If a neighbour’s dog enters your garden without permission and fouls, it is technically a form of trespass. If it happens repeatedly and the owner is aware but does nothing, it could be classed as Anti-Social Behaviour. Councils can issue Fixed Penalty Notices (usually £100) or Community Protection Notices to owners who fail to control their dogs' fouling habits. If you find dog mess on your property and know whose dog it is, you can report it to your local council, which often has more power to issue warnings than the police.
Case Example
In 2020, a dog owner was fined more than £1,700 for failing to remove 15kg of his pet's waste from his garden after he claimed his pet ate warning letters from his local council. A large amount of dog faeces accumulated in the garden, causing neighbours to report him. The strong smell prevented neighbours of his Lowestoft home from using their own garden, forcing the council to step in. An abatement notice was served requiring removal of all animal waste from the rear garden within 7 days and disposal in a lawful manner.
