Waste Responsibilities for Landlords and Tenants

When renting out a property, it’s the landlord’s responsibility to ensure that their tenant knows how to dispose of waste properly while they’re living there.

However once a tenant moves out, any waste they’ve left behind is no longer considered household waste. It becomes commercial waste – waste generated as a result of business – and it becomes the landlord’s responsibility to ensure its safe and correct removal.

To help you understand your responsibilities as a landlord, we have put together this simple guide.

Waste Responsibilities of a Landlord

Landlords have a responsibility to remove and dispose of waste caused as a result of lettings under the Environmental Act of 1990. Failure to do so could result in prosecution.

It’s a landlord’s responsibility to ensure their tenant disposes of waste correctly during their occupancy of the property. Landlords must advise tenants about the rubbish facilities provided by their council, and they must encourage their tenants to recycle waste. Where tenants exceed their waste allowance, the landlord must ensure that the tenant uses a private waste collection contractor to remove any excess waste.

Any waste produced by a builder or contractor who is carrying out maintenance of a property, including garden waste, construction and demolition, is the responsibility of the landlord who must arrange for the waste to be removed according to regulations.

Any bulky or unwanted waste left behind once a tenant moves out is also the landlord’s responsibility. Any waste left in a garden or yard could result in a fine of up to £2,500, and waste dumped illegally on the street will result in a fine of up to £50,000 and the possibility of a prison sentence of up to 5 years.

Because this waste is classified as commercial waste, landlords taking this to a Household Waste Disposal Centre also risk prosecution.

Legal Disposal of Waste

It’s in a landlord’s best interests to arrange for the waste to be removed immediately to avoid prosecution and, if necessary, pursue the tenants for costs at a later date.

The best option for landlords who are faced with bulky or heavy items to remove is to hire a skip. Where possible ensure that you plan your skip hire in advance, especially if you need to place the skip on a public road when you will need to arrange for a skip permit which can take up to 7 working days to be approved by your local council.

It’s your responsibility to ensure the skip company you hire is a registered waste carrier, and that they will dispose of waste in a safe and proper manner. If a skip company fly-tips your waste, it’s still your responsibility as you have employed them and you will be responsible for any resulting fines.

Some waste, such as fridges and televisions, is classed as hazardous waste and cannot be taken to landfill. These items cannot be disposed of in a normal skip, but some skip hire companies have specially enclosed skips for this specific purpose. Please check with your company when arranging for a skip to be delivered.

If you’re a landlord who needs advice about hiring a skip to dispose of waste caused as a result of lettings, contact ProSkips for a no-obligation chat.

Image credit: Free Digital Photos.