Lettings agency failing to provide enough recycling bins, threatening to charge extra for rubbish

ThunderHoof

So I received a letter the other day relating the large amount of rubbish being dumped in the communal bin area in the apartment block I live in. It says that "there are enough bins for everyone to use" which is manifestly untrue as all the bins are often full well before the rubbish collection is made, and worse they are threatening to charge all residents extra for rubbish collection. Can they legally do this when there is nothing in the lettings agreement that states I agree to this? I do not see why I should be responsible for paying for other peoples rubbish disposal, especially when the agency fails to provide adequate bins.

greatcrested

Who is the letter from?

Is it from your letting agent for your tenancy, or is it from the building's management company (for the entire building) addressed, oerhaps, to 'the occupier' or the 'leaseholder' or 'the resident'?

It is not the letting agent's responsibility to provide bins for the building. They are only responsible for managing your tenancy in that flat.

ThunderHoof

The former, it's the same company for both.

AdrianC

Is it even the building manager's responsibility? Bins adequate for the number of residents are normally provided by the local authority.

But basic rules of civilised communal living say that if the bins are full, you do not just dump stuff in their vague direction. Are the bins in a secure resident's-only area? If not, the problem may well be caused by non-residents putting their own rubbish in your bins. Is the building totally residential, or are there commercial parts to it? It's up to commercial occupiers to sort and pay for their own waste collection - but that's expensive, so many businesses will take the cheap and easy way out.

princeofpounds

OK, so the company is the freeholder of the building, managing directly and also letting directly to you? Are there any separate flat long leaseholders - i.e. 'owners' - in the building? Or is it entirely AST tenants - i.e. 'ordinary renters'?

Is this a private company (i.e. not university halls or similar)?

If there is no provision for it in your AST agreement, then no, they cannot charge you for waste collection. Normally in a block of flats with privately-owned long leaseholders, the freeholder may charge long leaseholders for costs of managing the estate through the service charge, which is probably the situation most people imagine when they start to read your thread.

They can of course refuse to renew your tenancy and serve a notice to quit at the earliest opportunity if you don't sign up to new terms, but that could be months and months away and may not even be that likely.

theoretica

There are two standards for 'enough' bins - one is there always being space to throw rubbish but this is not what developers or the council work to, though it is what residents care about.  The other standard that the agency will be referring to will be a number of litres per flat per week - same as councils limit the size and number of wheely bins a single household will have. 

Very often with communal bins the problem with overflowing is simply down to space use and people throwing things like boxes, tins or plastic bottles and loosely crumpled wrappers in the bin without crushing them.  A simple thing to improve, if you can get your neighbours on board.

whirlyhead

Most of the bins around my way (houses, not flats) are full well before collection day, as most people generate more rubbish than will fit in a bin when they only collect them every few weeks.  The idea is to try and reduce the amount of rubbish you generate (not easy I know when you are working from home).

ThunderHoof

princeofpounds said:

OK, so the company is the freeholder of the building, managing directly and also letting directly to you? Are there any separate flat long leaseholders - i.e. 'owners' - in the building? Or is it entirely AST tenants - i.e. 'ordinary renters'?

Is this a private company (i.e. not university halls or similar)?

If there is no provision for it in your AST agreement, then no, they cannot charge you for waste collection. Normally in a block of flats with privately-owned long leaseholders, the freeholder may charge long leaseholders for costs of managing the estate through the service charge, which is probably the situation most people imagine when they start to read your thread.

They can of course refuse to renew your tenancy and serve a notice to quit at the earliest opportunity if you don't sign up to new terms, but that could be months and months away and may not even be that likely.

This is what the tenancy agreement says.

[Removed by Forum Team]

HG Premier lettings is the company that manages the building and is who the letter is from, posted in everyone's letterbox as far as I know just saying "the occupier". On their website they list my apartment block as being their own development and it's all private renters as far as I know.

We have no service charge.

ThunderHoof

theoretica said:

There are two standards for 'enough' bins - one is there always being space to throw rubbish but this is not what developers or the council work to, though it is what residents care about.  The other standard that the agency will be referring to will be a number of litres per flat per week - same as councils limit the size and number of wheely bins a single household will have. 

Very often with communal bins the problem with overflowing is simply down to space use and people throwing things like boxes, tins or plastic bottles and loosely crumpled wrappers in the bin without crushing them.  A simple thing to improve, if you can get your neighbours on board.

There's only 6 cardboard and 6 glass wheelie bins for a block of 24 apartments with over 50 occupants, is this standard?

"HG Premier Lettings advertise and manage the widest selection of Apartments in Wigan and the surrounding areas from our friendly and welcoming lettings office in Hindley.

Our experienced Lettings and Property Management team are able to offer practical advice to both landlords and tenants at every stage of the lettings cycle. We offer weekend viewings and move-ins, along with offers and deals from our Facebook Page, please call us for more information."

anselld

Please remove personal details.  They are not relevant anyway.

Norman_Castle

Are the bins provided and emptied by the council, if so the council may provide extra recycling bins if needed, look on their website. Are the management company proposing to charge for removing rubbish flytipped next to the bins, if so thats not unreasonable. If the bin men aren't taking it it needs to be removed which there will be a cost for doing this.