Is Landlord reponsible for tenant putting furniture on street?

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    Is Landlord reponsible for tenant putting furniture on street?

    I have received a letter from the Local Authority about furniture being put on the street. The letter from the Local Authority was pretty nasty. They want to interview me under PACE (Police and Criminal Evidence Act 1984).

    I know the tenant did put the furniture out on the pavement. I did tell the tenant they need to telephone the Local Authority to book a special collection to remove large items what will not fit in bins.

    Does the local authority have any powers to call in Landlord like this?

    The tenants say they have not received any letters from the Local Authority and not even a knock on the door.

    I am concerned because, now it appears it is a criminal matter....

    #2
    Looks to me as if the tenant may not have registered at the house, so the council would have no record of the occupiers. Are they paying their council tax?

    Don't forget to take any agreements with you when you see the council. They cannot really make you responsible for someone else's criminal actions.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Some local authorities give out this tough guy image on waste left outside but you are unlikely to get prosecuted if you co-operate - and yes they can prosecute. It usually only gets to this stage when there are repeat offences.

      To get large items removed by the council or their agents there is usually a charge and I find it hard to believe that tenant was not contacted in some way - usually it is a note through the door.



      Freedom at the point of zero............

      Comment


        #4
        The tenants had just moved in. My admin was a litle behind, so the Council was not aware the property has been let.

        Comment


          #5
          Unless you are UNDER ARREST I would urge you not to attend any submit yourself to an Interview under Caution.

          You cannot be compelled, and if they did lay information before the courts and start an action, you will be send the evidence they are relying on. That it the time to get legal advice and defend the claim.

          If you attend as requested, they are in power. It is on their premises at a time of their choosing, and they will have a dossier from which to interrogate you. It is also likely to be tape recorded, which means that the interview can proceed at a flying pace, not giving you time to think through your answers. You will then find that you are contradicting yourself, and admitting guilt without there being substance to you doing this.

          If they insist, then get them to come to you. Refuse a taped interview and make your own manuscript record of each question they ask and answer you give. Make sure you have somebody with you, if nothing more than to give you moral support.

          As a general rule, if interviewed using a tape, keep your answers as short as possible. If in writing, be as copious in your replies as you think, and make sure they write what you say, not what they wish you are saying.
          On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

          Comment


            #6
            By Flashback1966 “Does the local authority have any powers to call in Landlord like this?” Answer - No.

            By Interlaken “but you are unlikely to get prosecuted if you co-operate”- Actually, you are unlikely to be prosecuted if there is no, or insufficient, evidence.

            OP - can you tell us exactly what the letter says, leave out any identifying names, addresses and reference numbers etc? I do not wish to guess at what has happened or what the council are or may be up to, but more information from you may help us give a more informed response?

            pm
            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

            Comment


              #7
              The person to be prosecuted will be the person who put the articles there.

              Send in copy of AST making it clear that you were not "responsible" for the property at the time of the offence & confirming that you personally did not put it there.

              You informed the T to call council to remove bulky waste - it is their lookout not yours.

              ....assuming the bulky waste even came from your property - i have had similar letters whe the waste has got nothing to do with either me or my properties ....
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

              Comment


                #8
                Thank you for the advice so far...

                @Esio Trot I will take your advice and not attend the tape recorded interview. It is causing me anguish and mental torture. It has hit me hard, as I am law abiding citizen.

                The letter from the Local Authority says they investigating offences under Environment Protection Act 1990 unlawful deposit of waste on "xxxxxx Street" on xx-date 2011 and want me to turn up for an interview on xx xxxxxxx 2011 at 10am.

                I noted their letter only refers to waste on the street and not the waste outside my rental property. As if to imply, I am responsible for ALL and ANY flytipping / rubbish on this street. Nor do does the officer mention type of unlawful waste.

                I have a gut feeling the investigating Officer from the authority knows the property is tenanted, but it seems they want to target the Landlord. The tenant have n't reeived any letters.

                The specific laws they mention :-
                Section 137 Highways Act 1980
                Household Waste Duty of Care (England & Wales Regulation 2005)
                Section 33 and 34 Environmental Protection Act 1990

                Comment


                  #9
                  Just an additional thought.

                  Presumably the tenants disposed the stuff by just dumping it in the street. As owner, it it likely that junk mail has been delivered, particularly if you have ever lived there. If this was dumped as well as the other waste, then this is the connection to you.

                  Hopefully you have had a look at the references that Flashback1966 gave above. It seems to me that they mostly refer to 'occupier' though it is the owner if a vehicle is involved.

                  I don't think you have much to worry about.
                  On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                  Comment


                    #10
                    Wrote to Local Authority to advise the property was rented at the time of the alleged offence. They ignored my letter. They have written another letter interview under caution. They say if I failed to attend first interview under caution and if I fail to attend second interview, it may harm my defense if I later rely on something in court. How can they drag innocent people to Court?

                    I have been studying the Environmental Protection Act 1990!!! which it turns out is criminal law.

                    Everything from putting household rubbish out on the wrong day to overfilled wheelie bins is a criminal offence.

                    Even if local kids topple your wheelie bin and rubbish spills on the street, the law makes you the occupier liable, even though not your fault.

                    If you are a landlord, do think about "rubbish". Make sure your AST are rock solid. Do supply a wheelie bin. If running an HMO, you have greater responsibility e.g. enough bins.

                    I have been struggling to find information where Landlords can be prosecuted under such circumstances.

                    Comment


                      #11
                      the law makes you the occupier liable,
                      But you are not the occupier, that has to be the complete answer.


                      If it were not then the councils of some sink estates would be continually prosecuting themselves for the mess their tenants make.
                      I offer no guarantee that anything I say is correct. wysiwyg

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