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

About this article

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.

About this article

Read, listen and watch our latest insights

art
  • 22 February 2024
  • Employment

Time to take the heat off menopausal women

On 22 February 2024, the EHRC released guidance and resources for employers designed to help employers understand their legal obligations in relation to supporting workers experiencing menopausal symptoms.

Pub
  • 22 February 2024
  • Employment

Talking Employment Law: What to do if you’re at risk of redundancy

In this podcast, Harry Berryman and Rebecca Dowle, members of the employment team, will talk through the steps that need to be taken for a redundancy to be fair and the range of criteria that can be used when determining which employees will be made redundant.

art
  • 21 February 2024
  • Immigration

FAQs Partner Visa UK

Discover the UK Spouse Visa: eligibility, finances, relationship criteria, and the latest updates in 2024 for a successful application.

art
  • 19 February 2024
  • Privacy and Data Protection

The role of Data Protection Officers in ensuring compliance

How many of us receive marketing calls for products and services we did not sign up for?

art
  • 12 February 2024
  • Employment

The World of Work in 2024- What Can HR Expect?

In many senses, 2024 is unlikely to be a year with radical ruptures from those that have gone before it. The significance of 2024 though, is that it is likely to build upon those megatrends impacting the world of work, which have been emerging for some time now and are only likely to strengthen as we move on in time.

art
  • 09 February 2024
  • Privacy and Data Protection

Are we suffering from cookie fatigue?

An over-indulgence in Easter treats might not be the only cookie fatigue that individuals will suffer this year according to the Information Commissioners Office (ICO).