A waste disposal expert claims HMO landlords could face £50,000 fines and a prison sentence if they fail to deal with fly-tipping at the end of a tenancy.
Commercial waste firm BusinessWaste.co.uk says HMO landlords have a legal duty to provide the correct bins and keep communal areas hygienic, while tenants remain responsible for disposing of rubbish day-to-day.
The warning comes as a housing body urged landlords to prepare for new regulations set to come into effect in March 2026, which will require every household in England, including all purpose-built flats, HMOs, and flats above shops, to have a separate weekly collection of food waste.
Landlords faced with huge fines
The waste firm says tenants are responsible for day-to-day waste disposal, including putting bins out on the correct days, recycling properly, and avoiding fly-tipping.
However, it is landlords who will face huge fines, with one council previously warning that landlords must make proper arrangements for their tenants to dispose of rubbish until the designated collection day or face a fine.
BusinessWaste.co.uk warns HMO landlords can face civil penalties of up to £30,000 per breach if they fail to meet licence conditions, such as not providing enough bins, not maintaining communal areas, or failing to give tenants guidance on waste disposal.
The waste firm also points to legislation under the Environmental Protection Act 1990 which says if landlords fail to deal with end-of-tenancy waste properly (such as fly-tipping), it can lead to huge fines of up to £50,000, and the possibility of a prison sentence of up to five years.
The firm says tenants can receive fines for fly-tipping or contaminating recycling, and points to a case in Bristol where a student tenant left a ‘free’ sofa on the street and received a fine for fly-tipping.
However, in a double standard, the fine was £400, whereas for a landlord, the fine could have been thousands of pounds.
The firm says it is now more important than ever to follow the rules as thousands of students prepare to move into HMOs ahead of the new university term.
Landlords have a responsibility to make sure there are enough bins for the number of tenants
Graham Matthews, landlord waste disposal expert at BusinessWaste.co.uk, 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.”
The waste firm adds once tenants leave a property (a small or large HMO), any rubbish left behind is classed as ‘commercial waste’ and this is chargeable and must be disposed of correctly.
Commercial waste cannot be taken to most household waste recycling centres (HWRCs) and must be removed by a licensed waste carrier. Landlords are expected to clear leftover rubbish, arrange for contaminated bins to be emptied, and ensure bulky waste items are disposed of properly.
Businesswaste.co.uk says the best way to avoid fines is for landlords to talk with their tenants, such as communicating collection schedules with tenants and conducting regular household inspections.
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