Responsibility for waste management in student rental properties is shared between the landlord and the tenant. However, landlords have a legal duty to provide the correct equipment to maintain compliance, whereas tenants are responsible for day-to-day waste disposal.
As most student rental properties containing at least three tenants are classed as a House of Multiple Occupants (HMO), landlords have a responsibility to:
- Provide the correct number of bins
- Arrange clearly designated disposal areas
- Inform tenants on waste collection schedules
- Provide tenants with alley-gate keys (if applicable)
- Ensure tenants separate their recycling properly.¹
Tenants are responsible for day-to-day waste disposal, including putting bins out on the correct days, recycling properly, and avoiding fly-tipping.
For smaller HMOs (3–4 tenants), landlords must supply sufficient bins and maintain communal areas.
For larger or licensable HMOs (5+ tenants), landlords face stricter licence conditions such as complying with their local council’s storage and waste disposal scheme (if one exists).
Waste responsibilities when tenants move out
Landlords’ duties don’t end when the tenancy does. Once tenants leave a property (a small or large HMO), any rubbish left behind is classed as ‘commercial waste’. 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.
It’s in the best interest of the landlord to ensure tenants are fully informed about the waste services available to them throughout the tenancy to minimise waste collection charges at the end of the tenancy, which may lead to a reduction in the tenant’s deposit.
What penalties can landlords face for failing to meet their waste duties?
Landlords of licensable HMOs, including many student houses, can face civil penalties of up to £30,000 per breach if they fail to meet licence conditions. This includes not providing enough bins, not maintaining communal areas, or failing to give tenants guidance on waste disposal.
Under the Environmental Protection Act 1990, if landlords fail to deal with end-of-tenancy waste properly (such as fly-tipping), it can lead to significant fines of up to £50,000, and the possibility of a prison sentence of up to five years.
Tenants themselves remain responsible for disposing of waste correctly during the tenancy and can receive fines for fly-tipping or contaminating recycling of at least £400.
How can landlords reduce waste-related complaints?
As well as fulfilling their legal waste management obligations, landlords can proactively prevent problems by:
- Communicating collection schedules with tenants
- Conducting regular household inspections
- Liaising with councils to prevent complaints from neighbours and keeping the property clean
- Educating tenants about recycling rules and potential fines for not recycling properly
Graham Matthews, landlord waste disposal expert at BusinessWaste.co.uk, comments:
“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.
“Councils should also use this time of year to remind both landlords and tenants about their roles in managing waste effectively, so properties stay safe and neighbourhoods remain clean through the academic year.”
