Landlords warned of £50,000 fine risk over student waste

Landlords warned of £50,000 fine risk over student waste

Landlords with student lets are being warned that they risk £50,000 fines over recycling information gaps.

With tens of thousands of students moving into rented accommodation this month, councils are bracing for a spike in waste-related complaints such as fly-tipping and overflowing bins.

Responsibility for waste management in student rental properties is shared between the landlord and the tenant. However, Graham Matthews, landlord waste disposal expert at BusinessWaste.co.uk, warns that landlords have a legal duty to provide the correct equipment to maintain compliance, whereas tenants are responsible for day-to-day waste disposal.

As most student rental properties containing at least three tenants are classed as a House of Multiple Occupation (HMOs), landlords have a responsibility to provide the correct number of bins, arrange clearly designated disposal areas, inform tenants on waste collection schedules provide tenants with alley-gate keys and ensure they separate their recycling properly.¹

Tenants are responsible for day-to-day waste disposal, including putting bins out on the correct days, recycling properly, and avoiding fly-tipping.

For smaller HMOs of three to four tenants), landlords must supply sufficient bins and maintain communal areas. 

Above that, landlords face stricter licence conditions such as complying with their local council’s storage and waste disposal scheme (if one exists).

Landlords of licensable HMOs, including many student houses, can face civil penalties of up to £30,000 per breach if they fail to meet licence conditions. This includes not providing enough bins, not maintaining communal areas, or failing to give tenants guidance on waste disposal. 

Under the Environmental Protection Act 1990, if landlords fail to deal with end-of-tenancy waste properly (such as fly-tipping), it can lead to significant fines of up to £50,000, and the possibility of a prison sentence of up to five years. 

Tenants themselves remain responsible for disposing of waste correctly during the tenancy and can receive fines for fly-tipping or contaminating recycling of at least £400.

Matthews said: “Landlords have a responsibility to make sure there are enough bins for the number of tenants and clearly designated areas for rubbish disposal. Providing adequate facilities helps prevent waste build-up, keeps communal areas hygienic, and reduces the risk of complaints or fines under HMO licence conditions.

“Councils should also use this time of year to remind both landlords and tenants about their roles in managing waste effectively, so properties stay safe and neighbourhoods remain clean through the academic year.”

This article is taken from Landlord Today