Tenant asking for hardship compensation over bins?

by Readers Question

11:15 AM, 31st August 2018
About 3 years ago

Tenant asking for hardship compensation over bins?

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Tenant asking for hardship compensation over bins?

I became a landlord in May 2018 as I moved in with my partner into Central London. I own a 1 bed flat in Buckinghamshire which has a lounge/kitchen, bedroom and bathroom. The property is situated on a corner by a shop and a business park and is a terraced property (ground floor) with no front or rear garden. I sought the work of a letting agent (a larger one in the area) and gave the property to the letting agent to find a tenant and manage it and resolve tenant queries paying them a fixed monthly fee so that I would not have to take care of the work as I moved approximately 30 miles away. The letting agent is a large company within its area and has a lot of properties on its books for letting and for sale.

They found an older, single woman in her 60s who is retired. She moved in during May 2018 and all seemed well. She said that she was recently divorced, had a daughter and son-in-law in the area and wanted the property for 3 years, but with a 12 month break clause between all 12 month periods and even paid a whole years worth of rent up front. The letting agent took their management fees and deductions up front from this money before passing it back to me. This all seemed ok until she started complaining about the rubbish.

The tenant and her son in law recently complained to the letting agent (who manages the property on behalf of me) that there was no place to put her rubbish. The local District Council does fortnightly rubbish collections alternating with general waste collections once a week and recycling the next. The tenant generates approx. one plus more sacks of general waste a week and has no place to put it.

I contacted the council, but they are of not much use. They told me the property is not suitable for a wheel bin as it will block paths, but they also provide no communal collection or can specify where to put that extra bag before the fortnight is up.

The tenant also had a disagreement with my neighbour (a commercial business) as she put the extra sack on the commercial business’s premises without asking them.

The letting agent kept asking me for a solution. Initially when I lived at the property I was happy recycling once weekly and using general waste the next. Any excess I would take to the tip myself which is situated a mile away, but there are recycling bins nearby.

I have had constant calls and emails with the council who advised that the tenant would either need to take part in recycling, or take the extra sack to the waste recycling centre or to ask the Business Park if they would allow her to site a bin on their site.

I went over to speak with the business park 2 weeks ago and they allowed her a temporary solution over the next 3 months to store a waste wheelie bin where she could place her extra sacks in. They also said she could use their waste bins on a more permanent basis inside the entrance of the business park which is approx. 10 metres away. Her son-in-law complained and said that his mother in law would not be happy doing this due to the large vans or vehicles that use the business park (1 every 2 hours!)

She and her son in law has now written a letter to the letting agent complaining and asking for financial compensation for hardship for the issues the waste collection has created on her life.

She knew the type of property she was renting prior to moving in, was aware of the local District Councils rubbish collection policies and I gave this property to the letting agent to deal with, and the council have given me a solution I have actioned.

There is also a written clause in the tenancy agreement under the tenants obligations that insist that they must properly dispose of all rubbish promptly.

I have been a good landlord by doing as much as I can here, by speaking with the commercial business, the local council and the business park and identifying solutions.

Does this tenant have any chance of achieving compensation, or any legal success? I would now like to have her evicted if so.

I look forward to some valuable advice that I can action.

Thanks

Mitesh

Comments

Old Mrs Landlord

10:47 AM, 1st September 2018
About 3 years ago

Reply to the comment left by michaelwgroves at 01/09/2018 - 10:21
And if the refuse collectors appointed by the council will not collect from the purpose built bin store included in the plans but insist the bins are placed where they can be picked up at the roadside? This is a problem at a block where we have a flat and almost all the residents are tenants. What happens is that some residents' allocated parking spaces are appropriated for bin storage, causing conflict between tenants which can get quite acrimonious.

michaelwgroves

10:55 AM, 1st September 2018
About 3 years ago

Reply to the comment left by Old Mrs Landlord at 01/09/2018 - 10:47
Putting rubbish on kerb is standard for every household, if getting tenants to do this is a problem; have a look at getting an Oscar bin, it's collected by a different team who will likely collect from your refuse area. In my area they cost about £500, but collection is free.

michaelwgroves

10:58 AM, 1st September 2018
About 3 years ago

Reply to the comment left by terry sullivan at 01/09/2018 - 10:46
It's a civil matter, nothing to do with council.

Old Mrs Landlord

11:22 AM, 1st September 2018
About 3 years ago

Reply to the comment left by michaelwgroves at 01/09/2018 - 10:55The block of twelve flats has a selection of larger than household size wheelie bins for different types of recyclable items plus an enormous general waste bin which would take two men to lift when full. These were supplied by the firm to which the council outsourced the waste collection service. Thank you for your suggestion but it is highly unlikely that changing to a private waste collection service would be agreed by the block managers and directors.

michaelwgroves

11:30 AM, 1st September 2018
About 3 years ago

Reply to the comment left by Old Mrs Landlord at 01/09/2018 - 11:22It's not a private collection, it's still council. You call Council and ask to buy an Oscar bin. Oscar bins are very large, what you see at back of shops. The council operator still empties bin for free, but because of the size of the bin it needs to be a different lorry which can lift this bin. I use these in two of my blocks. One council empties Oscar bins weekly, the other stays with fortnightly. Just depends on area. With my block of 12 flats we started with individual bins, it was a disaster. Life is so much easier now we have an Oscar bin.

Old Mrs Landlord

16:21 PM, 1st September 2018
About 3 years ago

Reply to the comment left by michaelwgroves at 01/09/2018 - 11:30
Right, I see, thanks. I have never seen these or an Oscar collection vehicle in the town where our properties are situated but can make enquiries. If it's just one bin for everything presumably that means no recycling, which to me is a drawback.

Jay James

18:22 PM, 1st September 2018
About 3 years ago

Reply to the comment left by michaelwgroves at 01/09/2018 - 10:21
"my freeholder wont let my tenant store refuse in the location advised by the lease, so freeholder has been returning rubbish on pavement outside my front door. Freeholder is now being prosecuted by council for fly tipping!"

Yessss! This made my day.

Jay James

18:25 PM, 1st September 2018
About 3 years ago

Reply to the comment left by michaelwgroves at 01/09/2018 - 10:58
Could you explain exactly what you are referring to?
Having read through the thread twice, it could be a reference to the header story or to a other circumstances Terry Sullivan referred to.

Michael Barnes

11:14 AM, 5th September 2018
About 3 years ago

OP: tell your agent to do the job you are paying him to do.
You have made reasonable arrangements; the agent should deal with it from here.

michaelwgroves

13:18 PM, 5th September 2018
About 3 years ago

Reply to the comment left by Jay James at 01/09/2018 - 18:25
Jay James, Sorry only just seen this comment. I can't work out which comment you need clarity on. As the post is now old I can only see my comments are 4 days old, not when they were posted. Something for 118 to look into.
But if you can give me the text I'd be happy to clarify.

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