We have put together the following information for landlords and letting agencies in Peterborough. This information helps you to understand legal obligations around disposing of waste from rental properties.
Landlords' legal obligations
Landlords have a legal obligation called 'Duty of Care' under Section 34 of the Environment Protection Act 1990. This is to ensure waste generated at their property is managed and disposed of properly. Failure to do so could lead to prosecution.
Waste from landlords includes waste generated in the course of the letting. This is defined as business or commercial waste and will not be accepted at the Household Recycling Centre.
The following are defined as 'waste from landlords':
- Waste that is generated from improvements, repairs or alterations
- Waste that is left after a tenant leaves
- Discarded fixtures and fittings that have been supplied as part of the terms of a lease
- Waste that is removed on behalf of a tenant, rather than being disposed of by the tenant themselves
Landlords also have a responsibility to ensure their tenants are disposing of their waste correctly and safely. Your tenants must ensure that waste generated through their tenancy or business is dealt with legally.
What landlords should not do with waste
Since 'landlord waste' is classed as business / commercial waste, it:
- Cannot be taken to a Household Recycling Centre
- Cannot be put into a council domestic refuse or recycling bin
- Cannot be put into street litter bins
Think about how you intend to dispose of waste before undertaking any building improvements or work within your property.
Landlords must not:
- Burn waste
- Use domestic waste bins belonging to the property, communal bin areas or bins at other properties
- Put waste in street litter bins
- Leave extra bags of rubbish next to domestic waste bins or at any other location on the street - this is classed as 'fly-tipping'
- Fly-tip waste at any location
- Ask tenants to dispose of waste on their behalf
Landlords risk being fined or prosecuted for disposing of waste from rental properties illegally.
How landlords can dispose of waste
Landlords can legally dispose of their waste in a number of ways:
- Set up a commercial waste contract with a suitably licensed waste contractor. You can get help with this by contacting the Environment Agency. We also publish a directory of local registered waste carriers on our business waste page.
- Contact a local furniture reuse scheme to have unwanted furniture in good condition collected
- We offer a collection service for bulky items that can be arranged for Landlords. We quote these collections separately as landlords will incur a charge for disposal as this is classed as business / trade waste.
- Take your waste to a suitably licensed facility such as a waste disposal company. You will need to obtain a waste carrier licence to transport these types of waste. Contact the Environment Agency for advice. Visit our registered waste carriers page for more information.
Make sure tenants know how to dispose of waste
Landlords are responsible for ensuring tenants know how to dispose of their waste and recycling properly.
You must provide your tenants with information of their local bin collection service that includes:
- What goes in each bin
- Bin collection days
- How to find out more information
If your tenants exceed the waste allowance, you must encourage them to:
Tenants must not leave waste beside wheelie bins that are full. This counts as fly-tipping and could result in:
- Enforcement action
- Withdrawal of waste services
- Fines
Contact
For more information or advice about waste from rental properties or 'landlord waste', please get in touch with us:
Peterborough City Council Waste Management Team
Email: recycling@peterborough.gov.uk