Question 1

Dumping of Rubbish

Accepted Answer

Q: We have a problem with tenants in one property dumping rubbish outside the maisonette (on our land). The landlord is not being as cooperative as we would like. Legally are we entitled to bill the tenants for clearing up the rubbish or should the bill go to the landlord who is the leaseholder? Some paint has been left on company property outside the maisonette. Do we have a legal right to remove it, the same re an old fridge? A: FPRA Committee Member Shaun O’Sullivan replies: Your schedule states that the lessee is 'Not to put place or erect or allow to be put placed or erected any caravan or temporary structure on the demised premises' (with the demised premises in this case being that demised to the company by a separate lease and comprising the gardens footways carriageways and courtyards to the garages). Although I am not a lawyer I believe that rubbish, paint and a refrigerator could certainly be construed as 'temporary structures' in this context and the fact that the lessee has allowed such to be placed on the part of the estate so defined, puts the lessee in breach of the lease. In this regard it is for the lessee to resolve the breach and ensure that the tenant complies. I might suggest that you write formally to the lessee stating that you consider him or her to be in breach of paragraph 6 of the Schedule of the lease and that the items must be removed within (say) 28 days. In so doing I would suggest you indicate that, unless he/she complies within the stated period any future request will be subject to an Administrative Charge in accordance with Schedule 11 of the Commonhold and Leasehold Reform Act 2002. Should it be necessary to levy a charge it must be ‘reasonable’ (this is a somewhat subjective term and although I can’t advise on a particular sum I am aware of charges of about £35 being levied in similar circumstances) and, to be compliant, it must be accompanied by a Statutory Notice - The Administration Charges (Summary of Rights and Obligations) (England) 2007 - available from the FPRA website by clicking on ‘Statutory Notices’ under the ‘Publications’ drop-down menu. Question submitted February 2018

Question 2

Dumping of Rubbish

Accepted Answer

Q: We have a problem with tenants in one property dumping rubbish outside the maisonette (on our land). The landlord is not being as cooperative as we would like. Legally are we entitled to bill the tenants for clearing up the rubbish or should the bill go to the landlord who is the leaseholder? Some paint has been left on company property outside the maisonette. Do we have a legal right to remove it, the same re an old fridge? A: FPRA Committee Member Shaun O’Sullivan replies: Your schedule states that the lessee is 'Not to put place or erect or allow to be put placed or erected any caravan or temporary structure on the demised premises' (with the demised premises in this case being that demised to the company by a separate lease and comprising the gardens footways carriageways and courtyards to the garages). Although I am not a lawyer I believe that rubbish, paint and a refrigerator could certainly be construed as 'temporary structures' in this context and the fact that the lessee has allowed such to be placed on the part of the estate so defined, puts the lessee in breach of the lease. In this regard it is for the lessee to resolve the breach and ensure that the tenant complies. I might suggest that you write formally to the lessee stating that you consider him or her to be in breach of paragraph 6 of the Schedule of the lease and that the items must be removed within (say) 28 days. In so doing I would suggest you indicate that, unless he/she complies within the stated period any future request will be subject to an Administrative Charge in accordance with Schedule 11 of the Commonhold and Leasehold Reform Act 2002. Should it be necessary to levy a charge it must be ‘reasonable’ (this is a somewhat subjective term and although I can’t advise on a particular sum I am aware of charges of about £35 being levied in similar circumstances) and, to be compliant, it must be accompanied by a Statutory Notice - The Administration Charges (Summary of Rights and Obligations) (England) 2007 - available from the FPRA website by clicking on ‘Statutory Notices’ under the ‘Publications’ drop-down menu. Question submitted February 2018

Dumping of Rubbish

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