Waste warning – seven rules landlords should follow this summer

A warning has been issued to landlords over waste disposal if they are cleaning, repairing and refreshing properties this summer.

A website called Bins.co.uk says waste mistakes could put landlords at risk of prosecution especially where asbestos, lead paint or treated timber are involved.

It gives seven rules for landlords to follow:

• Assuming rental property waste is household waste – One of the biggest mistakes landlords can make is assuming that because waste has come from a house or flat, it is automatically domestic waste. If the waste is created by preparing, repairing or clearing out a rental property as part of a landlord business, Duty of Care rules may apply.  This means landlords need to think about how any waste they create will be stored, collected and disposed of, which can be easy to miss when carrying out quick jobs between tenancies, such as clearing out old furniture or carpets.

• Putting old tiles, boards or insulation into general waste  – Older properties can contain harmful materials including asbestos in places that aren’t always obvious, like floor tiles, insulation boards and some roofing. Asbestos-containing materials are legally classed as hazardous waste and should not be broken up, mixed with general rubbish or placed into a normal skip. Instead, removal should be carried out by a certified professional. If a landlord is uncertain whether a material contains asbestos, the safest step is to stop work and get it checked before it is disturbed.

• Stripping old paint without considering lead – Despite being phased out of commonly used paints in the early 1980s, lead paint can still be present in older buildings, particularly in homes, schools and offices until the 1960s, beneath layers of newer paint. This means sanding, scraping or stripping older doors, skirting boards, windows or staircases can create dust and debris that should not simply be swept into general renovation waste. Landlords working on older rental properties should check for the presence of lead paint before decorating or removing old woodwork.

• Mixing treated timber with clean wood waste – Not all wood from a renovation should be treated the same, as some may have been previously treated. For example, wood from old decking, fencing, doors, roof timbers and external joinery may have been treated, coated or preserved in ways that mean they require different handling from clean timber. This is where landlords can get caught out, because the waste may look ordinary but still need checking before it is mixed with other materials. If the wood is old, painted, treated, weatherproofed or from a part of the property exposed to damp, landlords should ask their waste carrier how it should be classified before collection.

• Letting a handyman or clearance firm take waste without paperwork –After repairs have been carried out, landlords may use a builder, decorator, handyman or clearance firm to remove the remaining waste. However, handing the waste over does not mean the landlord can ignore where it goes. Anyone taking waste away needs to be authorised to do so. In England, waste carriers can be checked on the Environment Agency public register. The register can be searched by registration number, business name or postcode.  If a collector cannot explain where the waste is going, refuses to provide paperwork, or asks for a quick cash payment, landlords should treat that as a warning sign.

• Taking rental renovation waste to the tip without checking – Landlords may assume they can take waste from a rental property to a household waste recycling centre. However, rental-related waste can be treated differently from household waste, especially if it has been produced as part of repairs, clearance or refurbishment. Rules can vary by council and site, so landlords should check before travelling and make sure they don’t make a mistake before it’s too late. Some sites will not accept commercial or trade waste, and hazardous materials may need a separate booking, different packaging or a specialist disposal route.

• Failing to keep records – For non-hazardous waste, a written description or waste transfer note should usually be kept for two years, while hazardous waste consignment notes should be kept for three years.² This paperwork is important because it helps show that the landlord took reasonable steps to make sure the waste was handled properly. If waste is later found fly-tipped and traced back to a property, records can help show who collected it, when it was removed, and whether the landlord used an authorised waste carrier.

This article is taken from Landlord Today