With the thought of rats and mice scurrying around your home or garden being less than ideal, you might be wondering if the rodents are legally protected and if you can get into trouble for dealing with them yourself.

Some species of rodents are legally protected and precautions must be taken to make sure these aren’t harmed as you try to trap or prevent rats and mice from being on your property, the RSPCA website explains.

So what is the law when it comes to rats and mice in the UK? Let's take a look.

What is the law surrounding rats and mice in the UK and are they legally protected?

Generally, species of rodents aren’t legally protected in the UK but the hazel dormouse (Muscardinus avellanarius), water vole (Arvicola amphibius) and red squirrel (Sciurus vulgaris) all are, according to the RSPCA website.

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The RSPCA adds: “A licence must be applied for (from Natural England or Natural Resources Wales) before action can be taken against them.”

The charity urges people to be aware that placing traps, snares or poisons in a place where they might catch a fat dormouse (Glis glis) is illegal.

The RSPCA says: “If you are trapping rodents using either kill or live-catch traps or rodentcide, you must therefore take precautions against the trapping or killing of any dormouse.

“Similarly, traps, snares or poisons laid out for rodents pose a threat to shrew species, who are also protected from being killed or taken by these measures.”

Malvern Gazette: The RSPCA urges people to be aware that placing traps, snares or poisons in a place where they might catch a fat dormouse (Glis glis) is illegalThe RSPCA urges people to be aware that placing traps, snares or poisons in a place where they might catch a fat dormouse (Glis glis) is illegal (Image: Getty)

Either Natural England or Natural Resources Wales can issue a licence for shrews to be live-caught and ringed or marked.

It’s important to note though that “this can only be used for scientific, educational or conservation reasons and the licence conditions must be met.”

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As soon as an animal finds itself in a trap and you know about it, the animal’s welfare is governed by the Animal Welfare Act 2006.

This means that the person who set the trap has responsibility for the animal’s welfare. To cause, or fail to prevent, unnecessary suffering to the animal is an offence.

The RSPCA adds: “Alternatively, it is an offence to release certain species, such as the black rat (Rattus rattus) or fat dormouse (G. glis) into the wild (except under licence); this means that the use of a live-catch trap in relocating such a rodent would constitute an offence.”