Council delays over moth infestation in elderly neighbour's empty house

[msmolli]

My v elderly NDN is in a home and won't return. I have been keeping an eye on his house - although the council have responsibility for him/his house (no relatives or LPA)
4 months ago I was in the house and told them about moths in the house (these are not the usual small clothes moths, but much bigger) and I suggested a fumigation. I haven't been back in to the house since.
The council are now (finally) telling me that no company can fumigate without packing up his house.
I'm annoyed the council themselves have not visited the house and I'm also confused that there is not a service available without packing up someone's possessions.
Has anyone had this experience before and can give me advice?

The advice for moth fumigation is to pack and seal (daily use) items away to avoid absorbing pesticide residue, so it’s correct a company wouldn’t fumigate without items being packed/covered. The company won’t take that on themselves.

The council visiting will just confirm there are moths, which they are accepting from you, so not really much point in a visit.

If the owner is unlikely to return, I imagine they will just push for relinquishment, then house clearance, and will treat it then. Sad though it is, if there is no family, and your neighbour is no longer living there, it is not going to be a priority until they make moves to end the tenancy.

Thanks, what I don't understand is what if there are moth eggs in the items they pack in boxes? @OnceYoureToastYouCanNeverBeBread then it will start all over again?

Are the boxes moved "off site" when this happens or not?

most notice period is 4 weeks, has he been in a home that long and does he have capacity to give up the tenancy?

if he hasn’t got capacity a social worker should be responsible for his affairs. If there are no relatives they will proby remove and dispose of your neighbours property before fumigation and re letting to the next residents.

Sorry just read it’s been 4 months

My neighbour owns his house. He's in a private care home now. He doesn't have much savings and I'm surprised that the council aren't just selling his house tbh. He's been out of his house about 9 months and he won't go home.

Tbf, moths really don't require fumigation. Just rip out any infested carpets, deep vacuum, especially round skirting boards, then spray the place liberally. Wait a week, revacuum and respray to get the newly hatched eggs.

The removal of the infested items is the main thing. Usually that's carpets, particularly wool ones or clothes.

The council can't just sell the house on his behalf, if the person lacks capacity to do it themselves the the council have to first get the court of protection to appoint a financial deputy (usually a solicitor if there is no one else).

The deputy can only start to make the arrangements to sell the property once it's been granted and has to go through the same processes everyone else would of putting it on the market and the time that takes.

If your neighbour still has capacity to sell the house himself, or hand over responsibility to someone else to sell the house then it's nothing to do with the council.

Ditto his possessions- the council can't just pack them up without permission from either him or the court.

I know it's frustrating for you, but it's a good thing that the state can't just steal people's houses and belongings and sell them with no legal process in place!

OK...who is going to do that?

I only noticed when he was installed in to a care home and I suggested I take up a painting/photo from his house. I opened his bedroom door and the (big) moths were everywhere.

I am certainly not going to spray, but there must be a company that can do this?

The deputy will arrange it when they have been given the approval by the court if he hasn't got capacity to respond to that himself.

If he's still able to make decisions himself then the council will be discussing with him what he wants to do with his stuff and his house and how he's going to do it. It's up to him then to arrange to deal with the moths if he wants to.

I'm not sure why you are annoyed at the council, there is only so much they can do without permission from either him or the court.

The council won't have 'responsibility' for his property beyond the very basic initial responsibility they hold for making sure it was secure and things like water are shut off. They can't be the deputies to manage his property or finances as they will eventually financially 'benefit' from the sale of the house etc so it's a conflict of interest.

The kind of moths that do damage to carpets etc are generally quite small though which doesn't sound like what you are describing? They might all just be big dead moths by the time the next person goes to have a look.