Landlord stopped paying bin charges and never told us

fletch · 21-05-2008 8:10am #1

Long story short, landlord used to pay our bin charges, he stopped doing so some time ago but never told us, we got a bill for €152 in the post the other day, queried it with our landlord when he very kindly told us we had to now start paying bin charges.

I've no problem paying the bin charges, however I don't think we should have to pay the back charges. I will check my contract at the weekend but at the moment, I'm just wondering is what he has done legal?

MysticalSoul · 21-05-2008 8:44am

Any changes to the Contract would usually necessitate a new Contract being drawn up. I agree, seeing as you were never told you should not be paying back charges. The bill for the charges, what period does it say though?

fletch · 21-05-2008 8:56am

I'm not really that sure when the charges are for, it is dated the end of February. I don't think it could be €152 for Jan and February surely! :eek:

MysticalSoul · 21-05-2008 10:19am

Ring them up and ask, without giving your details, how much is it for the year. Maybe they bill per quarter?

fletch · 21-05-2008 6:25pm

Well just found out that he stopped paying the bills in October of last year and the total amount due is about €230! :eek:
One guy only moved into the house in February, why should he have to pay for the bins that were collected for the 3-4months before he moved in.
We're going to write him a letter telling him that we're not paying the back charges but are happy to pay going forward.

Ste.phen · 21-05-2008 8:09pm

That sounds fair, but your life may get a little more awkward there in the short term, cos i'm assuming it won't sound fair to the landlord!

the_syco · 21-05-2008 9:14pm

Since he's no longer paying one of your bills, how much will your rent drop?

fletch · 21-05-2008 9:27pm

We should be so lucky....he told us he was doing us a favour by not increasing our rent and only making us pay bin charges.

sadie9 · 22-05-2008 10:20am

If you explain the situation to the local authority/corporation, you should only have to pay for when you have been living there. And send a copy to the landlord so s/he knows what's going on and you don't run into problems at the end of the tenancy. In a rented house we were in, the previous tenants left a big bin charge bill also but we only paid the corporation our portion (even though their bit still kept appearing on the bill each time and kind of added on so it was confusing).

red dave · 22-05-2008 12:13pm

An option would be to pay the outstanding bin charges and deduct that from next months rent. Show the landlord a copy of any reciept that you get.

Best to suggest that to the landlord before actually doing it.

fletch · 22-05-2008 12:30pm

I have written him a letter stating that we are not happy to pay for the back-charges but have no problem paying going forward. Will report back what he says.

Ginny · 22-05-2008 2:27pm

Is it not legally down to the landlord to pay any annual charges, but bin tags etc need to be covered by the tenant.
I'm sure I've seen it recently in some document, I'll go search.

fletch · 22-05-2008 2:28pm

GinnyJo wrote: »

Is it not legally down to the landlord to pay any annual charges, but bin tags etc need to be covered by the tenant.
I'm sure I've seen it recently in some document, I'll go search.

I'm well aware of that however any changes to our contract surely must be communicated to us?

blue banana · 22-05-2008 2:43pm

There is no legal obligation on landlords to pay refuse collection charges. So the legality in this situation is probably down to whats written on the lease.

jesus_thats_gre · 22-05-2008 4:37pm

fletch wrote: »

I'm well aware of that however any changes to our contract surely must be communicated to us?

Was it actually in the contract that he would pay for the bins or is it just something he down without ever havig a discussion about it?

fletch · 22-05-2008 5:33pm

jesus_thats_gre wrote: »

Was it actually in the contract that he would pay for the bins or is it just something he down without ever havig a discussion about it?

I can't remember, I will look at my contract at the weekend, however it has been that way since I moved in and the guys before me moved in.

Victor · 22-05-2008 7:28pm

blue banana wrote: »

There is no legal obligation on landlords to pay refuse collection charges.

Actually, a landlord is leagally obliged to make sure the refuse is collected and charges are paid. A tenant is then responsible to the landlord.

fletch · 23-05-2008 7:33am

Victor wrote: »

Actually, a landlord is leagally obliged to make sure the refuse is collected and charges are paid. A tenant is then responsible to the landlord.

Would you have a link to back that up?

Victor · 24-05-2008 8:49pm

It would be in the Waste Management Act (1996-2003) - someone posted a link here at some stage.

SarahMc · 25-05-2008 1:07am

If there is not mention of refuse collection charges in your contract, and landlord has previously paid, it is entirely reasonable of you to assume it is the landlord's responsibility through custom and practice.

You are being very generous by agreeing to pay these charges going forward, but no way should you be stuck with back payments. A call to Threshold or PRTB would do no harm.

Landlord stopped paying bin charges and never told us

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