Waste responsibilities for landlords and tenants

Nationally, over the last few years, incidents of illegally dumped waste have increased significantly. In Milton Keynes, the Council is tackling this rise with a Fly Tipping Action Plan. Part of this plan is to prioritise investigations in to “commercial-sized” fly tipping and working with stakeholders on the law and how they can help.I

If you own a property that is rented out to tenants as a landlord you need to make sure rules and regulations are followed when it comes to disposing waste.

Fly tipping and illegal dumping of waste

Dumping rubbish, also known as fly tipping is a serious criminal offence punishable by a maximum prison sentence of 5 years and/or an unlimited fine. Those found guilty of an offence of fly tipping will have a criminal record. A person can be guilty of this offence if they are the ones dumping the rubbish or if they knowingly cause or knowingly permit the dumping to occur. Therefore, a landlord can be guilty of fly tipping if they dump the waste themselves or instruct somebody else – e.g. a tenant, member of staff or contractor – to dump the waste improperly.

Difference between business waste and household waste

Did you know that if a tenant disposes of their waste it is classed as household waste, but if a landlord disposes of a tenant’s waste it is classed as commercial waste? Household waste can be disposed of for free at one of MKCC's tips. 

The waste created by the landlord relating to property maintenance or anyone carrying out works such as construction and garden landscaping on behalf of the landlord. The landlord is responsible for disposing commercial waste. More information on the disposal of can be found here.

How you can help as a landlord

Advise your tenants about the weekly waste collection in Milton Keynes. More information on waste and recycling and collection days can be found here.

Explain to your tenants that they can dispose items for free at a local Household Waste Recycling Centre for free. Or they can arrange for the Council to collect bulky waste items for a fee.

Your Duty of Care as a landlord

  • Ensure that waste under your control doesn’t get illegally dumped.
  • Take all reasonable steps to ensure that your waste is only transferred to an authorised person – i.e. a Waste Disposal Site that is licensed to take the waste or a Upper Tier Registered Waste Carrier. To access the Public Register visit the GOV.UK website.
  • When you transfer commercial waste make sure you receive a Waste Transfer Note and that you keep it for 2 years.