Tenant not taking bins out - is landlord responsible?

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    Tenant not taking bins out - is landlord responsible?

    Hi,

    Quick question as I've searched the forums but can't seem to find an answer.

    The directors of the management company have complained that our tenants are not taking their bins out for the fortnightly collections and are apparently dumping rubbish bags in other bins (the flats of which are empty so are not being emptied either) which is causing concerns for health and safety.

    We notified our tenants who disputed the claim and said that other people were dumping their rubbish in her bin. She did say that she sometimes misses collections as she is often away with work.

    However, the management company are now saying they are going to charge us as the landlords for removing the waste.

    My question is whether this is possible, given that surely only the tenants are responsible for their waste and the fact it is surely impossible to prove who's rubbish it is and could be from anyone in the block of apartments?

    Thanks

    #2
    It is the tenant's responsibility.

    You could try telling your tenant that any sums you have to pay out will be deducted from her deposit, but get get proper receipts for anything the MC demand and do everything in writing with copies to your tenant and the MC.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Originally posted by jta View Post
      You could try telling your tenant that any sums you have to pay out will be deducted from her deposit
      But insist on satisfactory evidence/proof from the management that your tenant's definitely responsible, that you will be be able to use yourself in turn, to convince the deposit protection company to release the funds to you.

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        #4
        Is this a management Co for a block of flats?
        Then you as Leaseholder/owner of your flat, could be held responsible.
        Have you made your T aware of the rel sections of the Head Lease which apply to her?
        I agree with jta & erics suggestions.
        I assume domestic 'wheelie bins' are provided by Council, so explain to T that unprotected bin liners is not acceptable due t

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          #5
          Thanks all, that's what we were thinking. Yes it's the management company for a block of flats who manage the communal areas etc. So I'll write a letter confirming her responsibilities and bin dates etc and that any charges will be deducted at end of tenancy (providing adequate proof can be presented).

          Does anyone know what sort of proof is acceptable, could they rely on someone seeing her?

          Not sure what the head lease is?

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            #6
            Gat a free "prrof of postage" from a Post office. email also if you can.

            If the responsibilities are not in the original tenancy she is unlikely to be required to accept them & the problem may remain yours..
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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              #7
              The head lease is the one provided to the primary Leaseholder/owner. (you?)
              Fly tipped bags can be searched for any addressed mail likely to indicate origiinal owner of rubbish.

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                #8
                When I first became a Landlord, I knew there might be a few unpalatable jobs... sifting through the rubbish bags of Tenants, searching for proof that would allow me to make deposit deductions, was not one of them.

                scottology - on your marks, get set...

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                  #9
                  It does not just apply to Ts or LL, it applies to any identifiable rubbish dumped on private or public land.
                  We do what we must to acoid cost of disposal.

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