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What do I do? Estate Agents accusing me of fly tipping
asthesnowfalls
Posts: 3 Newbie
I recently moved out of a flat after a years fixed term tenancy. I'd only decided I no longer wanted to stay in the flat the week before the term was to end (was waiting to hear from new job)- so most of the moving was done within one week. Estate agents initially tried to charge me two months rent as I'd 'failed to give notice'- however this was not upheld since I was on a fixed term. Since then they have been very abrupt and unprofessional at times in their responses since.
My new place was furnished so I no longer needed my sofa/mattress. After looking through a few removal companies, some of which were quite dodgy (probably would fly tip), I decided to pay for the council to remove the items and paid a fee through the online system. I then got an email saying that the items would be collected within 4 weeks. There was no option to book a date or anything like that.
The items were left tucked away by the bins of the flat building. Not blocking the bins at all, but not on the road or pavement either. Quite often people leave things there for collection. I did leave a note on the items saying they were due for collection, however I had to leave them there.
Now it's been two weeks, and have received a few moany emails from the estate agents. The first saying that they believe I had fly tipped, and although they do not own the building, but own the flats inside, they'd had other residents complain. I replied saying that I'd paid for collection from the council, and that I would get onto them. I spoke to the council and they are giving a rough date now for the 17th December. I asked the council if I could be in trouble for fly tipping and they said no, as I had paid for collection and items are by the bins/off road.
Estate agents (who do not even own the building) are now saying that they will either charge me removal for the items and invoice me, or that they will seek further action. I am very apologetic and understand that its a nuisance them being there for a month, however I really cannot afford to pay for an expensive removal (single mum of one) and I do not have any family with trailers etc who could take it to the tip
Estate agents have come back today and said that the management company may seek legal action. I just wondered what are my rights etc/ or what you would do?
Many thanks!
My new place was furnished so I no longer needed my sofa/mattress. After looking through a few removal companies, some of which were quite dodgy (probably would fly tip), I decided to pay for the council to remove the items and paid a fee through the online system. I then got an email saying that the items would be collected within 4 weeks. There was no option to book a date or anything like that.
The items were left tucked away by the bins of the flat building. Not blocking the bins at all, but not on the road or pavement either. Quite often people leave things there for collection. I did leave a note on the items saying they were due for collection, however I had to leave them there.
Now it's been two weeks, and have received a few moany emails from the estate agents. The first saying that they believe I had fly tipped, and although they do not own the building, but own the flats inside, they'd had other residents complain. I replied saying that I'd paid for collection from the council, and that I would get onto them. I spoke to the council and they are giving a rough date now for the 17th December. I asked the council if I could be in trouble for fly tipping and they said no, as I had paid for collection and items are by the bins/off road.
Estate agents (who do not even own the building) are now saying that they will either charge me removal for the items and invoice me, or that they will seek further action. I am very apologetic and understand that its a nuisance them being there for a month, however I really cannot afford to pay for an expensive removal (single mum of one) and I do not have any family with trailers etc who could take it to the tip
Estate agents have come back today and said that the management company may seek legal action. I just wondered what are my rights etc/ or what you would do?
Many thanks!
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Comments
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There will be no legal action before Dec 7th. So just ignore them0
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Sorry edited it- 17th december!0
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I suspect that leaving the mattress there is a breach of a covenant in your landlord's lease.
So the likely outcome is that either your landlord will have to remove the mattress, or the management company will remove it and charge your landlord.
(The management company may have already charged fees to your landlord for writing letters to him/her about this.)
I guess your landlord will want to pass the costs on to you, and I guess your AST would allow your landlord to do that.0 -
I suspect that leaving the mattress there is a breach of a covenant in your landlord's lease.
So the likely outcome is that either your landlord will have to remove the mattress, or the management company will remove it and charge your landlord.
(The management company may have already charged fees to your landlord for writing letters to him/her about this.)
I guess your landlord will want to pass the costs on to you. I guess your AST would allow your landlord to do that.
Was the OP provided with a copy of the head lease?0 -
Leaving a mattress in a communal area creates a fire risk and encourages others to flytip also.
They may not take legal action but they could invoice you. You acknowledge its yours. Its not been disposed of suitably.0 -
You could offer to pay them (estate agent or building management firm) a storage fee until the 17th?An answer isn't spam just because you don't like it......0
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Your obligation was to remove allyour possessions at the end of the tenancy.That means from the flat itself and from the property.
Leaving items in a communal area of the building does not constitute fully vacating the property. It may constitute a fire risk.It may contravene the buildings policies. It certainly breaches your tenancy.
You should have arranged removal at the end of the tenancy. I don't know how much your council charge for a sofa / matress removal, but there are many companies that would have collected for a modest fee. Or you could have hired a van for half a day/ couple of hours to get them to the tip.
Advertising on freecycle might have meant someone picked them up for free.
Age Concern and some other charities will collect furniture free too eg
https://www.ageuk.org.uk/miltonkeynes/shops/kiln-farm-furniture-store/0 -
The service you chose was the wrong one; in order to be fair to other tenants, you should have arranged for what's essentially rubbish to be removed quickly.asthesnowfalls wrote: »After looking through a few removal companies, some of which were quite dodgy (probably would fly tip), I decided to pay for the council to remove the items and paid a fee through the online system. I then got an email saying that the items would be collected within 4 weeks. There was no option to book a date or anything like that.
Saying private firms looked 'quite dodgy' is nonsense. You only needed to find one with a waste carriers' licence and a permanent address that would issue a receipt.0 -
To be fair to the OP, she'd already paid the local council when she received the email about the delay in collecting. As a LP I doubt she's in a position to be able to pay up front twice (and I bet her local authority wouldn't have refunded the money if she'd then cancelled). In all honestly, I think the agents are being a little unreasonable. OP can demonstrate the mattress is in the process of being disposed of. To my mind, cutting her a bit of slack wouldn't go amiss.
OP, I rather suspect that by the time they get around to doing anything formal the mattress will have been collected.0
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