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Rubbish being dumped outside my flat
Rdoe43
Posts: 3 Newbie
Hi can anyone help me. I live in an apartment building and someone from the upstairs flats has been dumping rubbish in the communal entrance. It first started with a double mattress, then a for sale sign turned up then a broken TV stand and then yesterday a microwave. I have spoken to.my letting agency about it all and they have been in touch with the landlord who has done nothing about getting it shifted. This has been going on since before Xmas last year. Where do I stand legally over this?
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Is your landlord the landlord for the entire block?0
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Ask your LL to contact the freeholder.0
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In writing/email, keep copy0
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Legally:Rdoe43 said:Hi can anyone help me. I live in an apartment building and someone from the upstairs flats has been dumping rubbish in the communal entrance. It first started with a double mattress, then a for sale sign turned up then a broken TV stand and then yesterday a microwave. I have spoken to.my letting agency about it all and they have been in touch with the landlord who has done nothing about getting it shifted. This has been going on since before Xmas last year. Where do I stand legally over this?
There will be a freeholder > Leaseholder (your LL) > Tenant (you)
The communal holder is likely owned by the freeholder, who may / may not have a duty to maintain that area, particularly if the rubbish is from other leaseholders. Your LL, as leaseholder, may be able to ask the freeholder to enforce the lease with other flats, or may not - depends on the agreed terms.
Your rights are based on your tenancy agreement between you and LL. You're renting the flat, with only access over the communal hallway. Check your contract, but the LL likely doesn't have a responsibility to maintain that area from a cleanliness perspective. Even if they do, it could only require they take reasonable steps, which in this case would be writing to the freeholder and waiting on them.
Practically:
You probably don't have a legal right to enforce this, but the best plan is to ask the LL to write to the freeholder to maintain the communal hallway and/or enforce the lease for the other flats who are disposing of their rubbish there.0 -
You need to call the police.0
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As above ask the LL to report to the freeholder. In the meantime chuck it out the front!
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If you'd like to accelerate it up your landlord's to do list you could always mention that in addition to being unsightly the items are sufficiently large to cause a fire risk.0
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They removed potted plants from the communal area of a flat I used to live in due to fire risk, so I'm going to guess that all that rubbish would also be a fire risk which someone would need to take responsibility for.0
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