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Birds nest removal – who is responsible?

This post is more than 14 years old

June 22, 2011 by Tessa Shepperson

Here is a blog clinic entry from Simon (not his real name) who is worried about birds nests:

birds nestI am in a rented short term assured property and unfortunately a bird/birds could have a nest in the loft. If there is a nest/birds who’s responsibility is it to removed?

I have asked the landlord who suggests that it’s my problem to remove but she appears willing to check out the roof of the access point of where they are getting in. I have one quote so far for £150 for the removal and to blocking

My view is that it will really depend on when it was first there and also how the birds got in. If it was there at the time you moved in then your landlord is responsible for removing it. If the birds are getting into the loft due to a hole in the roof or something similar then this is something the landlord is responsible for putting right under his statutory repairing obligations.

Otherwise, as the tenant and person in possession at the time, it will probably be down to you.  What does anyone else think?

Photo by eperales – its not the nest in Simon’s house

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Filed Under: Clinic Tagged With: disrepair, vermin

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Jamie says

    July 5, 2011 at 4:23 pm

    STOP – DONT DO ANYTHING!

    ALL wild birds and their active nests are protected by law, it would be a criminal offence to remove or block off an active nest. I wouldn’t even go up there for a look and risk disturbing them.

    If you must block-off the access hole to prevent it heppening again next year, then do it in Autumn AFTER the nesting season.

    However, as most birds that nest in roof spaces are on the at risk ‘red list’, I would suggest being selfless and buy a set of ear plugs. Only starlings generally cause a significant amount of noise and only then in the last few days before flying the nest.

  2. Jamie says

    July 5, 2011 at 4:28 pm

    P.S. I’d like to know what contractor it was who quoted for the removal or blocking of the nest because they would be breaking the law, whether intentionally or not!

  3. Jamie says

    July 5, 2011 at 4:37 pm

    For further info please refer to the Wildlife and Countryside Act 1981, Part 1, Wildlife – Protection of Birds, Section 1 onwards.

  4. Tessa Shepperson says

    July 5, 2011 at 4:48 pm

    Thanks Jamie.

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Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

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