Tenant refusing to Recycle and - Management Regulations 2006

[nukecad]

Our council is giving everyone 2 new recycling bins, one for recyclable metals, glass, & plastics, one for recycleable paper & card.
They will sort them further at the depot.
They don't want the 4 old (plastic) recycling boxes back, you can use them as storage boxes, or take them to the recycling yard if you want to.

I suppose it's one way to deal with plastic, make it into bins and spread them around the county 2 to every house/flat that already has a bin.
I'm asuming the new bins are made from recycled plastic, but wouldn't be at all surprised if they weren't.

Nobody says where we are all supposed to put these 2 extra bins, which is going to be a problem especially for those in flats.
Some places obviously can't have bins, they'll still use a refuse sack system.

As I generate very little waste, and only fill up my regular bin once every 4 months or so, I have absolutely no use for 2 extra bins but I can't refuse (pun?) them.

[bob369]

unless they start implying with the terms of the tenancy and licence.

From reading the replies here and other findings, there are no terms the tenant needs to follow, and that is where I am a bit stuck, ie no stick.
I guess the ultimate stick pre s21 ban is a s21 or increase rent, the later seems preferable as other than this he is not a bad tenant, he just involves me in becoming his MRF (Materials Recycling Facility), which is dirty smelly and time consuming.

Our council is giving everyone 2 new recycling bins.
At least they are re-usable and not hard to recycle plastic film (ie 'disposable' bags)

They don't want the 4 old (plastic) recycling boxes back, you can use them as storage boxes.
They make great organisers/storage bins if you have a workshop/builders store etc, hardwearing and sizable ... I'm always on the lookout.

[DPT57]

Actually, I believe that "behaving in a tenant like manner" is an implied term in all tenancy contracts, and I would think that it would include this issue.

See if you can get a quote from someone to take on the job of sorting the rubbish and present him with it. Let him know that unless he complies with the council requirements, the rent will increase by this amount.

Make sure you have this term in your tenancy agreement in future, although I dont know if it will help much. Ordinarily I would not see a judge granting possession on a s8g12 notice for this issue, although they might if you could show that you were about to lose your HMO licence.

[bob369]

Actually, I believe that "behaving in a tenant like manner" is an implied term in all tenancy contracts, and I would think that it would include this issue.
Thats an interesting point, but am scepticle if a judge would see weight in such a position, and doubt the local HMO Officer would take away ones licence on thsi point either.
I will get fed up with sorting his rubbish at some point, and I'm thinking of extending the property so will need possession of his room - so that will avoid any conflict and sort that issue I guess.

[AlexR]

Is there any way to deal with tenants that deliberately refuse to recycle

I ran a couple of large HMOs a few years back and basically the council just want 1) the rubbish put out on the correct day in the right place for collection, 2) no 'wrong' material in the recycling and 3) the bins taken in again once emptied.

I am sure you are correct in trying to get the tenant to sort his rubbish but the only realistic way you will do this is by going through his black bags and re-sorting his bottles etc. for him. We had a guy who was dysfunctional like this and the only way forward is to find a way to part company. It is unlikely he will change and it is possible that he has other problems. If he is not acting in the same way as others in the HMO then he is better suited elsewhere.

[bob369]

I have come across a relevant clause in the NRLA 'Room Only' AST contract (which I issue) thats states:

9.0 Conditions specific to a House in Multiple Occupation (HMO)

9.2 You must ensure that any rubbish and or recyclable waste, is stored and disposed of in the appropriate receptacle as instructed by the local authority.

The local authority give this instruction in their published 'Household Recycling and Waste Policies' document.
It clearly states:

Policy Xx - Materials Accepted in Each Container Type

If wrong materials are put in containers they will not be collected. See Policy Xx

The Council has a compulsory recycling policy which specifies which materials can not be put in the residual waste bin, and instead should be put in the recycling bin. The current list of materials which the compulsory recycling policy applies to can be found at www.xxxx

So far our 'Residual Waste (black) bin' has always been collected, even though it is chock full of this chaps bottles and cans, but I have seen some bins in our LA area tagged and left uncollected. I would sort of like that to happen here, so I have the council action (and tag) to back my argument when I broach this with the tenant.

The tenant has agreed to the contract clause 9.2, its there in black and white - but what are the implications for the tenant when he fails to follow it ? does a tenant have to follow every contractual responsibility to the letter ??
No doubt the NRLA do not feel it is an unfair term to put in the Contract.

This report from WRAP gives some interesting information on what councils are doing to encourage recycling:

7. L.A. Case Studies
https://wrap.org.uk/sites/default/fi...-Recycling.pdf

If he is not acting in the same way as others in the HMO then he is better suited elsewhere.

When you get this and nothing is done about it, the other tenants start thinking 1) why should I bother and/or 2) maybe question the quality of management.

[Flashback1966]

Germans (on the whole) tend to work as a homogenius group, they take responsibility for the rubbish they produce, and sort accordingly, (and authorities enforce ! where necessary)

In Germany, if an occupant is causing anti-social problems, they don't blame the landord. Instead they take action directly against the offender. This is why in the UK, some communities are against HMOs.

[bob369]

they don't blame the landord. Instead they take action directly against the offender.

Which sounds very sensible, I have heard that in Switzerland they are far less tolerant also.

Around this area it seems many landlords rarely visit their property, or either reside outside the UK, with the properties managed through agents, to manage HMOs properly requires a close eye, is that possible with an absent landlord ?