Topic: Rubbish left behind by moving tenants

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05/06/2011 at 7:37 pm #7429 Reply | Quote
Anonymous
hi

I guess most of strata blocks come across this problem – moving out tenants leaving rubbish behind.

A tenant is moved out during last couple of day and they left piles & piles of junk & rubbish. 4 x sofas, 4 x mattresses, large TV cabinet, 10 rubbish bags full of clothes and lots of other junk. it is some much that we don't have any more space left in our bin area to move the rubbish bins in or out.

Unfortunately nobody stopped these people dumping their junk and by the time I found out it was too late. Although I didn't see them dumping the rubbish but I know which unit was listed for lease and I also tracked back a trail of rubbish to the same unit.

My question is whether we can charge the cost of the rubbish/junk removal to the owner and they can debit the cost from tenant's bond??

I'm waiting for response from our strata manager.

Any suggestions??

thanks
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09/06/2011 at 5:06 pm #12966 Reply
Anonymous
Hi Preet,

I'm not a strata manager but on the EC and we suffer from the rubbish dumping problem all the time.

If you can take photos of the evidence with names/addresses and also the items dumped then you can ask your strata manager to chase up the owner/managing real estate for them to remove the rubbish at their own expense. That has worked for us in the past.

If yours is similar to our problems, most of the time the owners don't care what their tenants have done but if it's a managing real estate, then they're usually a lot more responsible.

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09/06/2011 at 10:23 pm #12973 Reply
Whale
Flatchatter
Preet,

The Real Estate Property Manager cannot make a claim against the tenant's bond in the circumstances that you describe, but in my experience, some will approach their tenants about removal of the rubbish that they've left behind; but if those tenants deny everything, you're stuck with the mess.

Many Councils will charge the Proprietor / Landlord for the removal of dumped materials in the circumstances you describe, so try to ascertain the details of the that Proprietor from your Strata Manager, be prepared to state definitively which Unit the rubbish came from (as opposed to who dumped it, as you can't prove that), and insist that your Strata Manager contacts the Council ASAP.

Whilst By-Law 9 covers your situation, the “occupier” has departed, so for future incidents and depending upon your Council's Policy, consider putting a Special By-Law before your next General Meeting that passes liability under By-Law 9 to the Proprietor in circumstances where the Occupier / Tenant does a runner! That's what our Plan did, and we included a similar addition to By-Laws 6 & 8 address the behaviour of tenants and their visitors, and that worked a treat!

Good luck!!

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Reply To: Rubbish left behind by moving tenants

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