The management company for the block has sent me images or what they claim to be my tenant (I honestly can’t tell if it is him or not) using the bins incorrectly. They are charging me for ‘correct waste disposal’ - just wondered if this needs to go through me as the potential landlord or whether, as it’s an individual fly tipping on private land, they need to try and take the matter up directly with the alleged culprit.
Thanks for any clarification.
you cannot be liable for your tenants actions . Would you pay his speeding fines if he drives ? They are trying it on . Rubbish.
In a normal situation…
Your function as the Landlord is to provide the appropriate receptacle.
If you have done this then you are not liable for fly tipping.
The refuse is normally traced back to the tenant ( letters etc) and they are charged.
Environmental crime will confirm this.
You need to tell your agency to contact the tenant directly.
This however will depend upon your contract and leasehold agreement.
Thanks for both your responses.
Whilst I would need to re-read it, I’m sure my lease has something about appropriate use of the refuse area (assumed this would be standard in leases with communal bins). However, as the landlord can I really still be held responsible for my tenants alleged misuse?
PS Do they have evidence of your tenant doing this?
I would speak to a solicitor
If it was the public highway then no but if it is an estate agent…well they are a law unto themselves and you are the easier target.
If you do get chased then you would be able to claim if from the tenants through mcol