The garbage collectors broke our trash can. Is it fair for the municipality to ask us to pay for a new one? DEAN DUNHAM answers

Our garbage collectors broke our recycling bin.

I immediately filed a complaint with the municipality, but they are now charging us for a new one. What can we do about this?

CS, via email.

Dean Dunham replies: Your municipality has the autonomy to establish and enforce many rules, thanks to powers delegated by the central government. One of the areas where it can do this is waste collection.

Here all councils have their own policies and yours will have specific policies covering replacement waste and recycling bins, and the circumstances under which replacements are free and when you will be charged.

Some councils will replace the bin for free, no questions asked, but most will charge you for a bin repair or replacement unless the bin collection caused the damage.

Most councils that replace rubbish bins damaged by contractors will only do so if you can prove that it was the waste workers who caused this. They won’t just take your word for it.

So your first step is to ask your municipality for a copy of its policy regarding damaged waste bins.

If the policy states that you will not have to pay for a replacement if the garbage collectors caused the damage, you will need to prove that they did so to avoid being charged.

Please note that most councils will only accept videos, video footage or witness statements as evidence. So providing a photo of the damage or of the garbage collectors handling the garbage bin is generally not accepted.

If the policy of your municipality so determines

the householder will be charged under all circumstances. You might argue that this is unreasonable and unfair as you will not have to pay for damage caused by his employee or contractor.

If you cannot agree with the council on how to proceed, your next step is to file a complaint with the Local Government and Social Care Ombudsman. Details can be found at lgo.org.uk.

Nevertheless, experience shows that if you persist with your complaint, the municipality will give in and provide a replacement waste bin free of charge.

Sound cuts out in the cinema

Halfway through a screening of a film at my local cinema, the sound cut out and I left.

I asked for my money back but was told I could only get vouchers – which I don’t want.

What are my rights?

FS, via email.

Dean Dunham replies: Section 49 of the Consumer Rights Act 2015 states that services must be provided with reasonable care and skill.

When you buy a cinema ticket, the cinema owner provides you with a service and is therefore subject to this obligation.

The obligation to provide the service with reasonable care and skill is part of the agreement between you and the cinema operator.

In the context of a cinema, this means playing the entire film (i) with perfect picture and sound quality, and (ii) in a space that is safe and sufficiently comfortable, and with all the facilities advertised.

So here, where the sound quality failed halfway through the film, this amounts to a violation of the Consumer Rights Act and therefore a breach of contract.

In these circumstances you are entitled to one of the remedies set out in the Consumer Rights Act, namely (i) free tickets to a future showing at your convenience, or (ii) a refund.

Some cinemas would argue that you would only be entitled to a ‘partial’ refund because you would be able to watch part of the film, but I disagree.

You couldn’t pay half price just to watch the remaining half of the film elsewhere – so this is a solution that simply isn’t practical, meaning only a full refund will be fair.

We can now proceed to the issuance of the cinema voucher. Where a consumer is entitled to a remedy under the Consumer Rights Act, it is perfectly acceptable for the trader to offer a voucher, but the consumer does not have to accept it and can insist on cash instead.

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