Search

How can we help?

Icon

Landowner obligations in respect of tenant’s waste and fly-tipping

Figures by local authorities in England suggest that in 2020/2021; 1.3 million fly tipping incidents were dealt with, an increase of 16% from the reported cases in 2019. (Fly tipping statistics for England, 2020 to 2021)This note, gives a brief overview of some of the issues to aware of:

Landowner’s concerns

Fly-tipping is an offence under the Environmental Protection Act 1990, incurring not only financial penalties but also potential imprisonment. Owners of land should be aware of the following obligations in respect of their sites:

Deposit of waste

Landowners will usually require a permit or an exemption to allow waste onto their land. This includes both depositing controlled waste on their land and “knowingly permitting” this to be done (Environmental Protection Act 1990 s.33).

A ‘knowing permitter’ can include a landlord who is, or could reasonably be expected to be, aware that controlled waste has collected on their land in breach of their tenant’s lease, but has taken no action to remedy the breach. It is therefore advisable to report any potential tipping by a tenant to the relevant local authority or environment agency to avoid accusation of having ‘knowingly permitted’ the waste.

‘Knowingly permitting’ controlled waste on land is a criminal offence – this can lead to a term of imprisonment of up to 5 years as well as an unlimited fine, to include the costs of investigation as well as the cleanup of the site.

Management and storage

Landowners are required to manage their land to minimise risks to visitors, which can include ensuring that fly-tipped waste does not cause harm to visitors, whether or not the landowner has invited them to their premises. (Occupiers’ Liability Act 1957,1984; Health and Safety at Work Act 1974).

The Environment Agency has published a Regulatory Position Statement providing that fly-tipped waste can be stored on a temporary basis without a permit at a site other than where it was discovered under certain prescribed circumstances, pending recovery or disposal of the waste elsewhere.

Fly-tipping is an offence under the Environmental Protection Act 1990, incurring not only financial penalties but also potential imprisonment.

Disposal

Local Councils will not generally clear waste deposited on private land free of charge, though they may investigate incidents of fly tipping that arise. Where a successful prosecution is brought, the Council can apply for the Court to order that the landowner’s clean-up costs be reimbursed.

In most cases, it will be the landowner who is responsible for ensuring that the waste is disposed of correctly. A landlord must ensure that whoever is employed to collect and dispose of the waste is a registered waste carrier (see the gov.uk website for a list of authorised waste carriers) (Environmental Protection Act 1990 s.34).

Where this requirement is breached, a landlord can be liable to pay an unlimited fine.

To summarise, it is important that landowners are aware of their liabilities under the Environmental Protection Act 1990 and other statutory measures and take the necessary action to prevent fly-tipping, as the implications for leaving waste on land can be onerous. Through careful site management, including the use of CCTV, regular clearance of overgrown areas to improve sightlines and co-operating with neighbours to report on any waste discovered, landowners can work to limit incidents and create a safe environment for their tenants and employees alike

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 March 2026
  • Employment

Legislative Changes – What Employers Need to Know for April 2026

With the phased implementation of the Employment Rights Act 2025 (ERA), alongside other legislative updates, April 2026 brings a wide range of important changes for employers.

Pub
  • 27 March 2026
  • Corporate and M&A

Shareholder Disputes: What to do when disputes arise – Episode 4

Join Stuart Mullins and Jack Hobbs for episode four of our Shareholder Disputes podcast series as they confront the realities of shareholder fallouts and share practical strategies for managing these complex situations.

art
  • 24 March 2026
  • Immigration

Spouse Visa – Is your relationship genuine and subsisting?

For years many couples have become frustrated by the requirements for a spouse visa as the rules and guidance are difficult to understand. A significant amount of applications are rejected on the basis of the applicant not providing the adequate documents to evidence the relationship requirement.

art
  • 20 March 2026
  • Corporate and M&A

Drag-Along & Tag-Along Rights: Why Every Company Needs Them

When starting a company, very few founders are aware of the potential issues around shares, share ownership and the implications of that when selling their company.

art
  • 19 March 2026
  • Privacy and Data Protection

WhatsApp in the Workplace

This article explores the potential risks of using WhatsApp for workplace communications, the implications for GDPR compliance and under UK legislation, and provides practical tips for employers to mitigate these risks.

art
  • 16 March 2026
  • Employment

Trade Union Law Changes from April 2026

April brings the next tranche of reforms under the Employment Rights Act 2025 including changes to the statutory recognition scheme making it easier for trade unions to be recognised in the workplace.