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
  • 28 August 2026
  • Immigration

Right to Work and Sponsor Licence Changes 2026: Key dates for businesses

In this podcast, immigration solicitors Ruth Karimatsenga and Monica Mastropasqua discuss the key immigration compliance changes coming into force in September and October 2026 and what employers, HR teams, sponsors and individuals should do to prepare.

art
  • 28 August 2026
  • Commercial Real Estate

Modernising security of tenure: The Law Commission’s follow up consultation paper

On 16th June 2026, the Commission published its second consultation paper: Business Tenancies: the right to renew – modernising security of tenure.

Pub
  • 27 August 2026
  • Litigation and dispute resolution

The Highly Expedited Arbitration Provisions – ICC Rules 2026 – Factsheet

This factsheet provides an overview of the ICC’s Highly Expedited Arbitration Provisions (HEAP), outlining some of the key procedural features introduced by Appendix VI of the 2026 Rules and the potential benefits of this new expedited process.

art
  • 27 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 19 August 2026
  • Employment

Managing employee redundancies: Frequently asked questions (FAQs)

Redundancy should be an employer’s last option when restructuring their business. There are necessary steps that should be taken to ensure that redundancy is the best move forward

art
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.