There have been a few news items about HMO properties’ waste disposal.
Pointing out that landlords can face civil penalties of up to £50,000 or indeed prison if the rules against fly tipping and waste disposal are not complied with.
So what are the rules?
In most cases, where a property is rented out, the tenants will be liable for any issues relating to the incorrect disposal of or dealing with waste and rubbish.
Landlords will not be liable for tenant breaches of the waste regulations.
The landlord will only take over responsibility once tenants have moved out, and they are faced with dealing with items left behind. Or if waste is produced, for example as a result of repair works, before or between lets.
In that situation, note that landlords (as they are not the occupiers of the property) must comply with the rules for commercial waste. So you cannot use domestic waste facilities.
Any waste must go to a licensed waste transfer station nd be removed by a licensed waste carrier. You need to be able to prove this by having the appropriate waste transfer notes.
HMO landlords
If you are an HMO landlord, you will have additional obligations under section 9 of the HMO Management (England) Regulations 2006. These provide that the HMO Manager must
(a) ensure that sufficient bins or other suitable receptacles are provided that are adequate for the requirements of each household occupying the HMO for the storage of refuse and litter pending their disposal; and
(b) make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority.
If you run a licensed HMO, you also need to comply with any obligations set out in your license.
This is why many HMO landlords will visit the property on a weekly basis on Council rubbish collection days to ensure that the rubbish is being dealt with properly and the regulations are complied with.
Find out more
Landlord Law Business Level members will find out more about their obligations regarding waste in our ‘Dealing with Waste’ Kit, which they will find here.
If you are not a member, find out more and join online here.
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