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

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.

art
  • 09 July 2026
  • Immigration

Right to Work Checks are changing from 1 October 2026: Is your business ready?

The Home Office’s new rules, effective 1 October 2026, will overhaul right to work checks and raise the risk of civil penalties for UK businesses.

art
  • 08 July 2026
  • Privacy and Data Protection

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address

The issue of employees taking confidential business information or personal data when moving to a new employer remains a significant concern for businesses.

Pub
  • 07 July 2026
  • Litigation and dispute resolution

Accelerating arbitration: Expedited procedures and key changes in the new ICC Rules – Episode 2

In episode 2, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) explore how the latest expedited and highly expedited procedures under the ICC Arbitration Rules 2026 are transforming the landscape of dispute resolution.

art
  • 07 July 2026
  • Employment

6 month unfair dismissal rights: What employers need to know

Under the new Employment Rights Act 2025 the minimum period of service required to qualify to bring a statutory claim for unfair dismissal has been reduced from 2 full years to 6 months from 1 January 2027 onwards.  

art
  • 02 July 2026
  • Litigation and dispute resolution

Litigation and Artificial Intelligence: Where are we now?

In the recent case of Cork and another v Smith, the High Court publicly admonished a law firm and two of its solicitors after they had produced and submitted two AI-generated letters to the court containing misleading and false information in relation to a block transfer application made under Rule 12.37 of the Insolvency (England and Wales) Rules 2016.