Waste from Flintshire Rental Properties - Information for Landlords and Letting Agents
What can a landlord expect from Flintshire Council regarding tenants waste?
Collections of waste and recycling from residential rental properties are free of charge.
Landlords can apply for waste and recycling containers for their residents, whether flats, bedsits or HMO.
Containers are supplied free of charge but remain the property of Flintshire County Council.
Arranging for Waste and Recycling Containers
Please contact Streetscene Waste Services.
On contact you will be asked about the type of property, if there is a communal bin area, individual units or shared accommodation. The type of containers supplied will be dictated by the available access, type of property and the number of tenants.
If the property is an established rental facility or new build, adequate access free of obstructions must be available for the refuse vehicle and crews.
Important: Waste Information Available for your Tenants
It is in everyone’s interests that tenants store their waste in the containers provided. Information needs to be available regarding what we can and cannot collect, which containers to use for separating their waste, day of collection and how to deal with bulky waste items.
To assist with the smooth running of collections and waste storage, information posters and leaflets are being produced for Landlords to assist their tenants in using communal or individual bins / containers correctly.
Welsh and English language is standard in Flintshire, however the information supplied will be predominantly visual to assist those who are not familiar with the language.
Larger Waste Items
Flintshire offers a bulky waste collection service for residents with larger waste items to dispose of. Reduced charges are available for tenants in receipt of benefits.
Tenants or landlords can arrange by contacting Streetscene.
It is the landlords’ responsibility to inform tenants what is required of them regarding disposing of their waste.
The landlord should ensure tenants are aware of the facilities for waste disposal provided by Flintshire Council, and how to dispose of larger items legally. Recycling must also be encouraged.
Although it is the tenants that need to dispose of household waste day-to-day, under their license it is the responsibility of the landlord to ensure that there are sufficient bins and methods of waste disposal at the property and that tenants are informed of how and when to dispose of household waste.
As the landlord owns the property for commercial purposes, the waste falls under the category of “commercial waste” and not household waste.
For example, this could be waste from construction, demolition, garden landscaping DIY or similar, created by the landlords themselves or by contractors or builders commissioned by the landlord.
Waste left behind by a former tenant does not fall under the category of household waste. This is classed as “commercial waste”; therefore, its disposal is the responsibility of the landlord.
- Waste generated from improvements, repairs or alterations to your property.
- Discarded fixtures and fittings that have been supplied as part of the terms of a lease of the property.
- Waste that is removed on behalf of a tenant, rather than being disposed of by the tenant themselves.
- Waste that is left after a tenant has left the premises.
Under Section 34 of the Environmental Protection Act 1990, landlords renting property have legal obligations, which includes a Duty of Care to ensure that all waste arising from lettings is disposed of legally. Failure to comply is an offence and could lead to prosecution.
Agents acting on behalf of landlords may assume responsibility for absentee landlords.
Properties that are let, residentially or commercially, are considered a business and therefore any waste produced as a result of this business activity is classed as commercial waste.
Waste from landlords is not accepted at Household Recycling Centres (HRC’s).
Flintshire County Council HRC‘s are only permitted to accept household waste. To knowingly deposit or accept commercial waste (which Landlord waste is defined as) is illegal.
Taking the waste to a suitably licensed facility such as a local registered waste disposal company fulfils your responsibilities.
If you need to remove waste from your rented properties you will need to be registered as a waste carrier.
Please contact Natural Resources Wales.
- Waste created by the tenant during their tenancy e.g. general waste (food, nappy waste etc.)
- Recycling (plastic containers, cans, paper etc.)
- Garden waste also If applicable to the rental property.
All are the responsibility of the tenant to dispose of via the Council’s domestic waste collection services provided to each Council tax rated residential property. ie. where the tenant is registered and paying Council Tax for the property via their rent or directly to the council.
Ensure you use a suitably licensed waste contractor. Consider adding a clause to your tenancy agreement requiring the property to be cleared of all waste at the end of the rental period. Failure to comply could result in a charge to the tenants for waste removal.
However, the Landlord is subsequently responsible for any waste left behind.
It may be more cost effective to set up a contract with a waste collection company as waste which is generated from improvements, repairs or alterations to your properties and all waste that is removed on behalf of the tenants is your responsibility.
Waste from landlords is not accepted at Flintshire Household Recycling Centres as it is illegal.