What to do if your neighbours are leaving their fruit tree windfall on the ground (and it's attracting rats!)

If your neighbour has a fruit tree but isn’t picking up the dropped fruits, you're right to be concerned: neglected windfall can be problematic, even when it’s in their own garden.

A neighbour’s tree damaging your fence is one thing, but what they do with the fruits is largely out of our control. Leaving windfall on the ground can create a pest problem, though – and that’s where it starts to affect our quality time in the garden.

The tricky part is that homeowners in the UK aren’t legally obliged to pick up their fruits – but there are steps you can take if the windfall starts to attract pests.

The problem with neighbours not collecting their fruit? It’ll rot and become a goldmine for pests like rats and ants. Finding rats in a compost bin is bad enough, but when perfectly good fruit is left on the ground for them to feast on, it can be frustrating, to say the least.

While there are various laws around cutting a neighbour’s tree, there aren’t any that cover a neighbour leaving fruit on the ground in their garden.

‘If the fruit has fallen and is left to rot in their garden, there’s not much you can do,’ says Sarah Dodd, legal tree expert and founder of Tree Law. ‘It’s their property, and they’re entitled to manage it (or not) however they like.’

Once the rotting windfall starts a rat problem, though, you can file a complaint.

‘While legal action is rarely taken in these situations, if the issue persists and affects shared boundaries, like blocked drains or vermin near fences, you may have grounds to raise a private nuisance complaint,’ says SAM Conveyancing’s director, Andrew Boast.

‘If the rotting fruit starts attracting pests or causing smells that affect your property, it could be classed as a nuisance, especially if it interferes with your enjoyment of your home.’

Before you file a complaint, though, there are more amicable ways to resolve the situation. It’s worth having a friendly chat with your neighbour to try and settle things and find out why they’re neglecting the windfall.

‘If they are letting fruit go to waste, perhaps because of mobility issues or ill health, they may even be happy for you to collect the fruit for yourself before it becomes a problem!’ says Andrew.

If the conversation doesn’t quite go as you’d hoped, though, you’re entitled to file a complaint with your local authority.

‘If the fruit is rotting and attracting wasps or vermin, it can become what's known as a ‘statutory nuisance’ under environmental health regulations,’ says David Breare is a property and lettings expert at Canonbury Management. ‘You’re entitled to speak to your local council, which can assess whether action needs to be taken under public health laws.’

If you're looking for ways to get rid of rats on your property, try these deterrents:

Although there aren't any laws that cover a neighbour leaving fruit tree windfall on the ground, it can cause a pest problem, and you're entitled to file a complaint if it affects your time outdoors. Try and have that friendly conversation first, though!