mike69 Posted July 23, 2015 Author Report Share Posted July 23, 2015 Thanks for the advice wharf rat Quote Link to comment Share on other sites More sharing options...
NickP Posted July 23, 2015 Report Share Posted July 23, 2015 That's makes it a bit more interesting, in obtaining the rights to be there Quote Link to comment Share on other sites More sharing options...
Luckyshot Posted July 23, 2015 Report Share Posted July 23, 2015 It is an offence to 'harbour rabbits.' If the occupier of the land (the tenant) does not deal with the rabbits, they (the tenant) are in breach of the law. The landlord can politely point this out and you can offer your services for free. The landlord or their agents, can usually access a property if 24 hours notice is given. Have a polite word with the tenant, explain what you are doing. If you are worried about what to do control method wise, take an experienced friend along. You will certainly get an offer of help on here I am sure. It use to be a legal obligation to control rabbits but not anymore so the owner could leave the rabbits to breed if he liked. Quote Link to comment Share on other sites More sharing options...
Wharf Rat Posted July 23, 2015 Report Share Posted July 23, 2015 It use to be a legal obligation to control rabbits but not anymore so the owner could leave the rabbits to breed if he liked. No, sorry but you are quite wrong. Pests Act 1954 Control of rabbits: Information for occupiers of land Responsibilities of occupiers to control rabbits Under Section 1 of the Pests Act 1954, the whole of England, apart from the City of London and Isles of Scilly, has been declared a rabbit clearance area. Under Section 1(2) of the 1954 Act, all occupiers of land in a rabbit clearance area have a continuing obligation to kill or take any wild rabbits living on, or resorting to, their land, unless they can establish that it is not reasonably practicable to do so. If it is not practicable to destroy the rabbits, occupiers have an obligation to prevent the rabbits from causing damage elsewhere by, for example, fencing them in with rabbit-proof fencing. The obligation to control rabbits is irrespective of the use being made of the occupier’s land or that of their neighbours. Whole document available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349504/control_of_rabbits_guidance.pdf As an aside, NickP is the landlords agent, but a consideration should be included in any agreement between them, i.e. cash. You are his or her agent if you are paid one pence or above. Quote Link to comment Share on other sites More sharing options...
mike69 Posted July 23, 2015 Author Report Share Posted July 23, 2015 But do I still need permission off the person that is renting the property Quote Link to comment Share on other sites More sharing options...
Luckyshot Posted July 23, 2015 Report Share Posted July 23, 2015 No, sorry but you are quite wrong. Pests Act 1954 Control of rabbits: Information for occupiers of land Responsibilities of occupiers to control rabbits Under Section 1 of the Pests Act 1954, the whole of England, apart from the City of London and Isles of Scilly, has been declared a rabbit clearance area. Under Section 1(2) of the 1954 Act, all occupiers of land in a rabbit clearance area have a continuing obligation to kill or take any wild rabbits living on, or resorting to, their land, unless they can establish that it is not reasonably practicable to do so. If it is not practicable to destroy the rabbits, occupiers have an obligation to prevent the rabbits from causing damage elsewhere by, for example, fencing them in with rabbit-proof fencing. The obligation to control rabbits is irrespective of the use being made of the occupier’s land or that of their neighbours. Whole document available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/349504/control_of_rabbits_guidance.pdf As an aside, NickP is the landlords agent, but a consideration should be included in any agreement between them, i.e. cash. You are his or her agent if you are paid one pence or above. As a home garden you would certainly fall under this so no I'm not wrong. Quote Link to comment Share on other sites More sharing options...
mike69 Posted July 23, 2015 Author Report Share Posted July 23, 2015 Also what if the owner of the land offers me money to get rid of the rabbits Quote Link to comment Share on other sites More sharing options...
Wharf Rat Posted July 23, 2015 Report Share Posted July 23, 2015 Your claim that the law has changed was wrong. The obligation to control rabbits remains. Unless there is no safe method for their control the fact that this is a garden has no bearing. If the tenant is unhappy from a safety point of view they can have a competent person undertake a risk assessment and/or feasibility study. If the owner offers Mike money he has a consideration. He becomes an agent and can give 24 hours notice and insist on access if the landlord has the rights to carry out the works. Quote Link to comment Share on other sites More sharing options...
Luckyshot Posted July 23, 2015 Report Share Posted July 23, 2015 Also what if the owner of the land offers me money to get rid of the rabbits If he offers you money take it, at the end of the day 33 acres shouldn't take much clearing unless it is over run. Why limit yourself to air rifle. You would clear them far quicker with a 22rf. Quote Link to comment Share on other sites More sharing options...
Luckyshot Posted July 23, 2015 Report Share Posted July 23, 2015 Your claim that the law has changed was wrong. The obligation to control rabbits remains. Unless there is no safe method for their control the fact that this is a garden has no bearing. If the tenant is unhappy from a safety point of view they can have a competent person undertake a risk assessment and/or feasibility study. If the owner offers Mike money he has a consideration. He becomes an agent and can give 24 hours notice and insist on access if the landlord has the rights to carry out the works. Not one for splitting hairs but it has nothing to do with being safe or not, if you cant control them for any reason all you are legally obliged to do is prevent them from causing damage to neighbouring property. Quote Link to comment Share on other sites More sharing options...
mike69 Posted July 23, 2015 Author Report Share Posted July 23, 2015 Cheers luckyshot I have to use a air rifle as I don't have my FAC Quote Link to comment Share on other sites More sharing options...
NickP Posted July 23, 2015 Report Share Posted July 23, 2015 As an aside, NickP is the landlords agent, but a consideration should be included in any agreement between them, i.e. cash. You are his or her agent if you are paid one pence or above. Im not 'this' landlords agent, just trying to make sure he has correct permission to go, without getting in to bother Quote Link to comment Share on other sites More sharing options...
Wharf Rat Posted July 23, 2015 Report Share Posted July 23, 2015 (edited) Not one for splitting hairs but it has nothing to do with being safe or not, if you cant control them for any reason all you are legally obliged to do is prevent them from causing damage to neighbouring property. Seriously, I give up: Pests Act 1954 Control of rabbits: Information for occupiers of land 1. Responsibilities of occupiers to control rabbits Under Section 1 of the Pests Act 1954, the whole of England, apart from the City of London and Isles of Scilly, has been declared a rabbit clearance. Mike, ask for some advice from BASC or the CA. Internet forums are for ill-informed arguments and not much else. Edited July 23, 2015 by Wharf Rat Quote Link to comment Share on other sites More sharing options...
mike69 Posted July 23, 2015 Author Report Share Posted July 23, 2015 Cheers nickp Quote Link to comment Share on other sites More sharing options...
mike69 Posted July 23, 2015 Author Report Share Posted July 23, 2015 Come on lads I don't want to start this topic into a argument Quote Link to comment Share on other sites More sharing options...
NickP Posted July 23, 2015 Report Share Posted July 23, 2015 Not wanting to fuel any argument, but this was published in March 2015 about shooting rabbits https://www.gov.uk/rabbits-how-to-control-numbers#when-you-can-shoot-rabbits Quote Link to comment Share on other sites More sharing options...
Luckyshot Posted July 23, 2015 Report Share Posted July 23, 2015 Come on lads I don't want to start this topic into a argument Just get permission and go and shoot them then it really is that simple. Quote Link to comment Share on other sites More sharing options...
Wharf Rat Posted July 23, 2015 Report Share Posted July 23, 2015 Just get permission and go and shoot them then it really is that simple. Amen to that... Quote Link to comment Share on other sites More sharing options...
CharlieT Posted July 24, 2015 Report Share Posted July 24, 2015 These arguments are silly. When, pray tell me was someone last prosecuted for harboring rabbits in their garden. However, back to the OP. You will need the authority of the tenant to enter the garden and kill the rabbits. Tenants have the right to live in the property undisturbed and you and the owner would be liable for prosecution for harassment if you entered the property. As someone has already pointed out, the tenant may not relish being splashed across the front page of a tabloid for killing fluffy rabbits. My advice is to put the ball back in the owners' court for him to agree the best course of action with the tenant. Quote Link to comment Share on other sites More sharing options...
mike69 Posted July 24, 2015 Author Report Share Posted July 24, 2015 Cheers charlieT Quote Link to comment Share on other sites More sharing options...
wymberley Posted July 25, 2015 Report Share Posted July 25, 2015 These arguments are silly. When, pray tell me was someone last prosecuted for harboring rabbits in their garden. However, back to the OP. You will need the authority of the tenant to enter the garden and kill the rabbits. Tenants have the right to live in the property undisturbed and you and the owner would be liable for prosecution for harassment if you entered the property. As someone has already pointed out, the tenant may not relish being splashed across the front page of a tabloid for killing fluffy rabbits. My advice is to put the ball back in the owners' court for him to agree the best course of action with the tenant. An answer for the real world. Quote Link to comment Share on other sites More sharing options...
al4x Posted July 25, 2015 Report Share Posted July 25, 2015 It's simple just talk to the owner, odds are the tenant isn't happy the place is being eaten. If all are in agreement crack on in a subtle fashion. Know when the tennant is there and when they aren't then early mornings or nv is the subtle way to go. I've shot foxes in back gardens and till the shot no neighbours were aware and even then had no idea where it had come from and that's with a .243 obviously only where possible and safe but some circumstances it's better to know you are going to flatten them Quote Link to comment Share on other sites More sharing options...
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