Avoiding illegal dumping fines in 2026: What landlords must know when clearing properties

As we enter 2026, illegal dumping, or fly-tipping, remains one of the most persistent issues affecting private landlords across England and Wales.  

With councils continuing to tighten enforcement, penalty amounts rising, and compliance expectations becoming more clearly defined, landlords need to be more vigilant than ever when dealing with waste generated during check-outs, refurbishments or routine property maintenance. 

This guide outlines what has changed, what remains essential, and how landlords can protect themselves from fines when clearing properties in 2026. 

Why fly-tipping still matters

DEFRA’s latest figures show that in 2023/24, local authorities in England dealt with around 1.15 million fly-tipping incidents, a 6% increase on the previous year. Around 60% of those incidents involved household waste, with 688,000 household waste fly-tips recorded.  

Incidents remain concentrated around residential areas, alleyways, and rental homes, making landlords and their agents a key part of the solution. 

Fly-tipped waste is often traced back to a property through: 

• packaging and address labels 

• tenancy paperwork 

• identifiable bulky items 

If enforcement teams can link waste to a rental, they will usually contact the property owner or managing agent first. Even where the items were originally left by tenants, landlords may still face questions, particularly if the waste appears to have been removed or stored in a way that doesn’t meet legal requirements. 

Your legal duty of care

Under Section 34 of the Environmental Protection Act 1990, landlords (and agents acting on their behalf) have a duty of care to ensure that any controlled waste from their activities is: 

• Waste is stored securely 

• Waste is transferred only to an authorised waste carrier 

• Transfers are documented (for example, with a Waste Transfer Note where required) 

Failing to meet this duty of care is an offence. Depending on the severity: 

• Councils can issue Fixed Penalty Notices of up to £600 for duty-of-care failures 

• Courts can impose unlimited fines for breaches prosecuted under the Act 

How landlords often get fined even when it’s tenant waste

Although the waste may originate with tenants, the way it is handled at the end of a tenancy can still expose landlords to risk. Common problem scenarios include: 

1. Tenants leaving bulky waste outside on move-out 

Mattresses, sofas and black bags left on pavements, driveways or communal areas after check-out often become the landlord’s practical responsibility. If the waste is not removed promptly and lawfully, it may lead to complaints and potential enforcement action. 

2. Hiring an unlicensed “man with a van” 

Informal or very cheap adverts on social media can be attractive when a property needs clearing quickly. But if an unlicensed carrier fly-tips the waste, the landlord may still be fined for failing to take “all reasonable measures” to ensure the carrier was authorised. 

3. Builder waste during refurbishments 

After voids or refurbishments, tradespeople may remove old fixtures, flooring or rubble. Unless they hold the appropriate waste carrier registration and dispose of waste lawfully, the landlord can still be held responsible for any duty-of-care breach. 

4. Waste overflow in HMOs 

Shared properties generate more rubbish, and bins can quickly overflow if collections or storage are not managed carefully. Councils expect landlords and managing agents to maintain compliant bin storage areas and to act quickly when waste starts to build up. 

Landlords should always make sure they are only disposing of waste and not the tenant's belongings. For dealing with tenant belongings please have a look at our guide on what to do with a tenant's belongings at the end of a tenancy. 

Practical steps landlords should take

1. Verify every waste carrier’s licence 

Before any clearance job, landlords should check that the waste carrier is properly registered. You can search the Environment Agency register to confirm a carrier is authorised: https://environment.data.gov.uk/public-register/view/search-waste-carriers-brokers 

Record the: 

• company name 

• registration number 

• tier (usually upper tier for clearance work) 

• date you checked 

Keeping this basic audit trail is considered a reasonable and expected step under the duty of care. 

2. Obtain and keep Waste Transfer Notes for at least two years 

WTNs are required when controlled waste changes hands. They must include: 

• description of the waste 

• quantity 

• transfer date and address 

• details of the carrier and disposal site 

• the carrier’s licence number 

Paper or digital copies must be kept for a minimum of two years, as set out in the Waste (England and Wales) Regulations 2011. 

For landlords, keeping WTNs organised by property provides valuable protection if a council queries how waste was handled after a tenancy or refurbishment. 

3. Avoid cheap, no-paperwork operators 

Warning signs include: 

• no licence number 

• cash-only jobs 

• refusal to issue a WTN 

• vague or no business details 

If waste from such a job is found dumped, councils often pursue the property owner first and expect them to explain what checks they carried out. 

4. Conduct immediate post-check-out inspections 

A timely inspection helps landlords: 

• identify waste before it escalates 

• prevent others adding to abandoned items 

• document the property’s condition 

• arrange prompt, documented clearance 

This is especially important in high-turnover properties or HMOs, where waste can build up quickly. 

Why a licensed waste removal partner matters

Dealing with waste ad hoc can work for occasional small jobs, but for most landlords and managing agents, having a reliable, fully licensed partner in place makes compliance simpler and more consistent. 

A compliant waste operator should provide: 

• a valid upper-tier waste carrier registration 

• a WTN for each clearance 

• disposal at authorised sites 

• before/after photos 

• transparent pricing and documentation 

Providers like Litta follow these standards as part of every clearance job, giving landlords confidence that documentation and disposal processes meet legal requirements and that clear audit trails exist if a council or regulator raises questions later. 

Conclusion: A strong start to 2026 means stronger compliance

With fly-tipping incidents remaining high and councils using stronger penalty powers, 2026 is the right time for landlords to review their waste-handling processes and tighten their procedures. 

Landlords can significantly reduce the risk of fines while maintaining compliant, professionally managed rental properties by: 

• checking waste carrier licences 

• keeping proper documentation 

• strengthening tenancy agreements 

• and acting quickly during changeovers 

By building these practices into day-to-day operations, landlords can improve efficiency, avoid avoidable costs, and maintain high standards across their portfolio. Many landlords choose to work with trusted, licensed waste professionals to ensure every clearance is handled correctly and documented properly, especially during busy changeover periods. 

For landlords who want a reliable, fully licensed partner to handle compliant clearances, Litta provides fast, nationwide waste solutions designed to support property managers and rental portfolios. 

Access your exclusive NRLA member discount here 

For ongoing waste management, speak to our team at 033 0828 1287 or [email protected] to find out more.