Penalty Charge for 'Bin Store Misuse' in rented accommodation

Tones

Hi all,

Legitimately stumped by this one so I'd like to ask you fine people for some advice.

I'm in rented accommodation and the letting agent forwarded on a £50 penalty charge issued by the company who manages the development for 'Bin Store Misuse'. Allegedly around 3 weeks ago I disposed of a box without breaking it down (which would be very unlike me) and therefore it is my fault the bin was subsequently overfilled (their logic, not mine). Apparently their refuse collectors can refuse (har) to empty overfilled bins - this has never been an issue in the 2+ years I've been here, but perhaps they're clamping down on it now? Presumably some extra effort was needed on the managing company's part to dispose of it.

Anyway, included in the notice is a cropped photo showing the bin with its lid mostly closed with part of the box peeking out. So 'overfilled' means 'can't close the lid', even though we never do... but I digress. To my eyes it looks broken down but since only a small part of the box is visible it's hard to be certain.

On a hunch I e-mailed the letting agent back to ask whether they've had a sudden influx of these lately; they confirmed that was the case, that the landlord argued against the charge but the management company refused to budge.

This all seems a little fishy, but what can I do? I did a bit of googling and didn't find anything similar. My initial thoughts are to e-mail the managing company directly, giving my case and asking if they have better photographic evidence, but it's essentially my word against theirs. And as much as I don't want to be a problem tenant, I also don't want to cough up £50 for nothing.

Any thoughts would be appreciated - thanks!

david1951

This all seems a little fishy, but what can I do?

Not pay it.

Can they prove it was you that put the box in?

Did the refuse collectors actually refuse to empty the bin? If they have suffered no loss then I doubt there is basis for a penalty charge.

it's essentially my word against theirs

Not true - the burden of proof is on them.

giraffe69

What evidence do they have that it was you regardless of whether it was overfilled? Ask them. Hardly your affair if someone puts a box in your bin overnight!

Tones

It looks like the box had an address label on it, so they traced it to us. Although - again - that's not visible on the photo.

david1951 wrote: »

Did the refuse collectors actually refuse to empty the bin? If they have suffered no loss then I doubt there is basis for a penalty charge.

This is something I'll ask them

david1951

How do they plan to recover the money if you don't pay up?

bouicca21

Where in your rental agreement and in the landlord's lease does it authorise such charges?

Though tbh I am so fed up with neighbours who create mess by overfilling bins and putting the wrong things in the recycling that part of me almost wishes that this is a legitimate charge that my managing company can imitate.

Tones

david1951 wrote: »

How do they plan to recover the money if you don't pay up?

"Failure to settle invoices within our set payment terms will lead to late payment charges, and could eventually result in legal action."

Bearing in mind that this will be brought on the landlord, not myself.

I'm going to check the tenancy agreement to see whether this sort of thing is covered.

eddddy

So is there a clause in your tenancy agreement that allows your LL to charge you £50 for overfilling the bin?

Also, most management companies won't discuss anything with tenants - they'll only talk to the leaseholders (i.e. your LL).

Tones

eddddy wrote: »

So is there a clause in your tenancy agreement that allows your LL to charge you £50 for overfilling the bin?

It's even pettier than that - they aren't claiming that I overfilled the bin but that the box was "taking up valuable space", and that this could be the cause of the bin eventually being overfilled...

I imagine there could be a catch-all in the tenancy agreement that allows the landlord to pass on charges incurred due to behaviour / negligence, but I can't find my copy so I'll have to follow up with the letting agent.

NicNicP

If other items were placed on top of your box then surely they overfilled the bin not you? If I saw an unflattened box then I'd just put items inside the box to save on space.

westv

Recycling bin?? Shouldn't they be packed to bursting anyway?