Evicted tenants were fly tipping from property.

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    Evicted tenants were fly tipping from property.

    Okay, I realise I'm getting into a habit with all these threads, but I've had quite a few problems in my first (and hopefully last) foray as a residential landlord.

    I have successfully evicted my tenants through section 21. they caused some damage to the property but nowhere near what I was expecting. Unfortunately, I have now discovered evidence that they were dumping rubbish over the fence into a communal area on the estate. The waste seems to have included engine oil and appears to have killed at least one of the trees. There are a number of plastic containers there as well, which could only realistically have got there if they'd been thrown from our garden.

    Unfortunately, the agents didn't pick up on this during their inspection and neither did we until we'd fed back our initial findings to the agents. As such, there's no proof the tenants were responsible and I'm worried that we will get the blame and be liable for a fine or worse. We need to contact the council as the communal area is overgrown and may affect the resale value of our house so the issues will become apparent shortly. As such, ignoring the problem won't necessarily solve it.

    Can anyone suggest a way forward, or is it just a case of writing it off as bad luck.

    This wasn't picked up

    I'm not an expert on legal matters, but would have thought that flytipping being a criminal offense, is not your responsibility as it was not committed by you but by your tenants. Just because they were living in your property at the time, it should not fall on you to put anything right as you did not commit the offense. It's similar to a motoring offense being committed by one of your tenants whilst they lived there - that would not be your fault or responsbility, so why should this be? Now if the rubbish that was dumped was your rubbish, and they were dumping it on your behalf, then you would be liable, but in this case I cannot see you would be.

    Advise the council of your suspicions and the details of your tenants and leave them to enforce any claims they may have. Tell them before they discover the problem themselves, otherwise it looks more suspicious on your part.


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