We’ve just moved into our first property – a brand new apartment. Having moved in we were shocked to find there was a serious pigeon problem.
Pigeons have been nesting for what must have been months and the entire balcony was covered in bird poo.
We’ve been in the property for a couple of months now and have asked the freeholder – the same company that sold us the property – to sort the problem.
However, the management team has failed to tackle the issue as yet. The pigeons continue to come, no matter how much we scare them.
They continue to poo everywhere meaning our efforts to clean are in vain. But perhaps worst of all they make so much noise.
It’s a mess: Our reader’s brand new apartment balcony is riddled with pigeon poo
What is the best way to deal with this problem? A friend suggested we put netting up as it is an enclosed balcony.
But we have seen examples of where people have done this in the past and it just looks awful.
Do you have any advice on how we should sort it? What will the likely cost be? And should it actually even be our responsibility to sort? Should it not be the freeholder and the management company?
Ed Magnus of This is Money replies: Congratulations on buying your first home.
If it’s any consolation, it’s rare for anyone to move into a new home and not find something wrong – whether it’s a new build or something built over a century ago.
That said, a pigeon problem is an annoying one to contend with, given the mess and noise they cause.
Given you have just moved in, you are right to question whether sorting the issue is the responsibility of your freeholder, albeit that will depend on the terms of your lease.
Most new-build homes also come with a 10 year structural warranty, the first two years of which, the developer is typically required to fix any issues found in the property.
In most cases, this would include something like a leaking pipe, but arguably it should also include a pest problem – particularly if it was one that was present when you moved into the property.
In terms of techniques for getting rid of pigeons – there are many.
As you mention, installing bird netting could be one option, but it is rather unsightly.
There are also anti-bird spikes, which aim to prevent pigeons from nesting or perching along the balcony.
There are also sticky bird gels which essentially serve the same purpose.
Pigeons also fear the sight of domineering birds.
For example, using a fake owl which lights up or makes realistic sounds could also be one way to send them packing. These are available to buy online.
For expert advice on how best to deal with pigeons and also on the question of who is legally responsible, we spoke to Niall Gallagher, technical and compliance manager at British Pest Control Association as well as Lisa Gibbs and Samantha Houlden, both residential property partners at HCR Law.
Prepare the defence: Anti-bird spikes aim to prevent pigeons from nesting or perching along the balcony
How can they get rid of the pigeons?
Niall Gallagher replies: What a nightmare. When feral pigeons come into our space they’re a public health concern, as they can spread diseases among causing other issues, so you’re right to want this resolved as quickly as possible.
The first thing we need to be very clear on, is that all UK birds, their eggs and nests are protected under the Wildlife and Countryside Act.
This means that any action carried out should be by a competent professional with knowledge of this law and the licences involved with bird management.
There are lots of ways to stop birds nesting on your property, and pest professionals will use things like barriers, spikes, nets and wire to great effect.
Other options like shock strips, audible scarers and optical gels have been used to create negative associations in birds wishing to land or roost on buildings.
All of these methods of proofing have their merits, and some can offer a stronger and more lasting deterrent, but as with any method of control, they may become less effective over an extended period.
Bird net: Perhaps the most effective solution would be bird netting but this is rather unsightly
Can they just install the deterrents?
Niall Gallagher replies: It is important to note that bird proofing is a complex task that should always be left to trained pest professionals rather than attempted as a DIY project.
There are several key reasons why professional expertise is essential, including safety, effectiveness, and adherence to animal welfare laws.
It’s difficult to suggest how much this could cost. During the survey a quote will be provided for works, but cost is dependent on factors such as access, materials, and the size of the installation, as well as variations between companies.
Niall Gallagher , technical and compliance manager at British Pest Control Association
Is the freeholder responsible for fixing the problem?
Lisa Gibbs replies: First, you should review the terms of your lease which will set out the obligations on the landlord, the management company and on you, the tenant.
Generally, the landlord or the management company will be responsible for the upkeep of the building.
You will need to check the definitions in the lease to see whether the balcony forms part of the structure of the building – and likely to be the landlord’s responsibility – or whether it forms part of the demise, which may mean it is your responsibility.
If the lease provides that the landlord or management company is responsible for the balcony, you can pursue them to deal with the issue.
A formal letter to the landlord enclosing photographs of the mess pointing out that as well as being unsightly, the droppings could have serious repercussions on human health and lead to the structural degradation of the balcony should encourage the landlord to take action.
Lisa Gibbs, joint head of residential property and a partner at HCR Law
The letter could also point out that if no action is taken within a reasonable period, you may need to take formal court action for breach of the landlord’s obligations.
Any litigation is likely to be slow and costly so it could be worth contacting a local pest control company to assist in the short term. Keep records of all your expenditure for any court claim.
Samantha Houlden adds: You may be tempted to withhold service charge or ground rent until the matter is resolved but it is likely that the lease will prohibit this and you could end up being saddled with late payment fees or action for non-payment.
Separately, most leases will include a covenant which states the tenant is entitled to quiet enjoyment of their property.
Samantha Houlden, a partner and also joint head of residential property at HCR Law
The noise from the pigeons could constitute an interference with this covenant and this is something else which could be explored.
Niall Gallagher adds: In terms of who is responsible for resolving the issue and paying for a pest professional, this depends on what is in any contracts you may have signed.
However, usually the freeholder is responsible for the repair and maintenance of the exterior and common parts of the building and so the assumption is that they are responsible for solving this issue if that’s where the problem is located.
If the birds were nesting inside the property as a result of a window being left open, it’s safe to assume that you would be responsible for that.
Do you have a problem with a property? Get in touch: editor@thisismoney.co.uk
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