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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask who is responsible for fixing this? (Rented accommodation)

43 replies

BaffledMum22 · 07/04/2022 20:33

Sorry, I have no idea where this post should go. Just looking for some advice.

Currently renting for the first time in 15 years. Have had the keys for 2 weeks. Landlord lived there for a year before we rented it. On entering the property all of the wheelie bins were at least 3/4 full (there are 5 bins) - some are overflowing. Fine, not ideal but I can deal with it. But then I’ve looked in the bins and they’re all full of things that shouldn’t be in them:

  • Glass & Plastic bin is full of glass, plastic, old bedding, wood, half used toiletries & food (that’s just what I can see from opening the lid 😓)
  • Garden waste - completely full of garden waste tied up in plastic bags
  • cardboard bin - filled with cardboard, plastic and food waste

Council won’t lift them due to them containing things they shouldn’t.

Complained to letting agent who have contacted landlord but haven’t had a response. Letting agents reply is always the same “I know, it’s not ideal for you” 😬

AIBU to expect this to be sorted? Do I really have to empty out other peoples rubbish and resort all the bins when they’re full of half eaten food and spilled toiletries etc?! 😡

OP posts:
ChoiceMummy · 08/04/2022 11:56

I'd think that this means this is how the bins would have been put out, so owner won't have or see any issues.

I'd sort so that they will take away. Do you really want to keep the bins situation like this any longer than the 14 days you have?

SilverHairedCat · 08/04/2022 12:04

No one else is going to sort that.... Definitely one for you I'm afraid. Or take it all up to the tip.

LIZS · 08/04/2022 12:05

Can you not just empty the unsuitable items into the general waste bin (assuming now empty) and unbag the green waste?

MonkeyPuddle · 08/04/2022 12:11

I’ve rented for ten years. Always had to leave the bins empty for the next tenant.

SamphirethePogoingStickerist · 08/04/2022 12:17

Had there been another tenant in prior to you then the check out would have noted this as something they had to pay to get sorted out. Then the agent/landlord could have dealt with it, got a man in, billed them.

Sadly that isn't your case and the landlord will know that he has caused you this issue. Could you tip everything into geneal waste bins each week until it is all gone, or is your recycling even more onerous than ours?

Maybe you could call the council and ask for their advice, maybe leniency as you have only just moved in? Apart from that all I can suggest is asking the agent to arrange for it to be dealt with, billing the landlord for the work.

NorthSouthcatlady · 08/04/2022 12:18

I wouldn’t be dealing with it. The landlord can, it’s literally his rubbish after all. If he refuses then l would document it with pictures and emails to the letting agent. Then just leave it. I’m guessing the tenants after you won’t be thrilled either

SilverHairedCat · 08/04/2022 12:20

Rather than the landlord, have the bins been filled by locals chancing their arm?

Okeydoky · 08/04/2022 12:23

I'd be tempted to whack it all in bin bags and drop it off at the letting agent

B0J0ker · 08/04/2022 12:27

That's pretty grim but probably going to be quicker to sort out yourself unfortunately. Or you could contact the council and buy some new bins (I think they only replace for free if they've been stolen/lost).

You'll unfortunately waste more time trying to get your LL to sort it than it'll take to do yourself - just get rubber gloves and a face mask on and do it before it gets even smellier!

Itloggedmeoutagain · 08/04/2022 13:05

Landlord here. Before our tenant moved in we had to send date stamped pics of the condition of the house and I think this included the bins

SilverDragonfly1 · 08/04/2022 13:28

Landlord lived there previously. It will be landlord rubbish unless bins are easily accessible to neighbours. Either way, it should have been checked and dealt with before op moved in, so 100% landlord or agent's responsibility. I'd be suggesting the agent arrange collection and bill the landlord direct.

LakieLady · 08/04/2022 13:31

Take it all to the tip and chuck it in the general household waste, then give the bins a good wash.

Not ideal, but it's the quickest way of getting it sorted out.

AryaStarkWolf · 08/04/2022 13:34

I would have thought absolutely the landlord is responsible

bloodywhitecat · 08/04/2022 13:34

Seeing as the landlord lived there prior to the OP moving in it is, quite literally, the landlord's problem.

BaffledMum22 · 08/04/2022 13:57

Thanks all - trying to have it sorted through the letting agent along with a couple of other issues but unfortunately not having much luck.

I don’t drive, have a young toddler and am having to deal with the house move alone while DH is away with work as our house sale has proceeded slightly quicker than we thought 🙈 so dealing with someone else’s rubbish isn’t really what I need to be doing with my time, although I do agree that it’s probably the quickest way!
Each of our bins is collected once every 3 weeks so to try and get rid of it via the general waste bin would take me forever 🤣 and I’m going to have to pay someone to take it all to the tip for me which I don’t really feel I should be having to do!

OP posts:
IamtheDevilsAvocado · 08/04/2022 13:58

@bloodywhitecat

Seeing as the landlord lived there prior to the OP moving in it is, quite literally, the landlord's problem.
Yes but it has become the tenant problem... As they can't use them or empty them....

I'd just bag the lot up and take it as household waste to the tip... Not ideal but most likely quickest....

Landlord wont be dealing with this quickly... The may do it, but it may be in a months time!

Brefugee · 08/04/2022 14:05

it is still literally the landlord's problem.

Here (not UK) if you can't use a rented property to its fullest use (eg if there's no hot water or a window is broken etc) it is up to the landlord to get it up to scratch or you can reduce your rent.

Assuming you can't do that in the UK?

tothemoonandbackbuses · 08/04/2022 14:11

Could you get a commercial waste company who usually provide trade waste bins to empty them? Obviously tell the letting agent you are expecting the landlord to pay.

chesirecat99 · 08/04/2022 14:23

It's the landlord's responsibility - regardless of whether the property had a tenant or the landlord lived there. There is usually a clause in your tenancy agreement that states that all rubbish must be cleared and the bins empty when you move out.

I would give the landlord a deadline to clear it and offer that you can arrange for disposal and deduct the cost from the rent, if they prefer. I would also tell them that if they don't clear the rubbish, you will make a complaint to the environmental health officer at the council.

It doesn't matter that the rubbish is "stored" in the bins because the council will not dispose of it. Therefore it is no different from leaving rubbish in the garden or the house. It is a health hazard and the rotting food will attract rats. Besides which, you have no idea what the rubbish sacks contain and whether there is anything in them that is a health risk.

SamphirethePogoingStickerist · 08/04/2022 14:43

Do contact your council and explain the situation. Tell them it is starting to rot, small kids etc etc etc. You never know, they might sort it for you, they aren't always total jobsworths.

But don't go down the withholding rent route. That's complex and you'd not get it right.

But do keep on suggesting to the agent that they get it sorted. They have a choice - you can leave the bins there, contents rotting - and you will contact the council and complain about a health hazard - or they can sort it out and bill the landlord. They cannot bill you.

SamphirethePogoingStickerist · 08/04/2022 14:46

I would give the landlord a deadline to clear it and offer that you can arrange for disposal and deduct the cost from the rent, if they prefer.

Don't do this. Deductions cannot be made for inconveniences, only disrepair. And even then only if you follow the prescribed route.

I would also tell them that if they don't clear the rubbish, you will make a complaint to the environmental health officer at the council. But do do this

lanthanum · 08/04/2022 15:05

You could try pleading your case with the council. They might be able to make an exception and empty them all on the next general-waste collection.
We had a shared skip-bin between a small set of flats, and when one couple moved out, they filled the entire thing the day after bin day. I rang the council, explained, and asked whether there was any chance they could empty it when they did the hotel next door, which got daily collections. They did!

chesirecat99 · 08/04/2022 15:27

@SamphirethePogoingStickerist

I would give the landlord a deadline to clear it and offer that you can arrange for disposal and deduct the cost from the rent, if they prefer.

Don't do this. Deductions cannot be made for inconveniences, only disrepair. And even then only if you follow the prescribed route.

I would also tell them that if they don't clear the rubbish, you will make a complaint to the environmental health officer at the council. But do do this

The landlord and tenant can make any agreement they like about deducting the cost from the rent, @SamphirethePogoingStickerist, although obviously OP should make sure she has it in writing to protect herself.

The laws about making deductions for disrepair only applies if the landlord and the tenant aren't in agreement and the tenant is acting unilaterally because the landlord has refused to do repairs that they are responsible for.

SamphirethePogoingStickerist · 08/04/2022 15:39

I know that, which is why my comments have been about "withholding rent"

Others have been stating "Make that deduction" I though it only sensible to suggest that it isn't as simple as that! It happens a lot here. It gets stated as though a tenant has the absolute right to make a deduction - and they don't.

LIZS · 08/04/2022 15:42

If there is an agent involved, deal with the agent. Ask them to arrange disposal and they can deduct from ll income.

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