10:07 AM, 24th April 2025, About 4 weeks ago 19
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A council has been slammed for threatening landlords with an unlimited fine for failing to tackle fly-tipping.
Sefton council has warned landlords they must make proper arrangements for their tenants to dispose of rubbish until the designated collection day or face a fine.
The council warns on their website: “If landlords, or their tenants, don’t dispose of items correctly they could face Fixed Penalty Notices of up to £400 or an unlimited fine”.
Ben Beadle, chief executive of the National Residential Landlords Association (NRLA), has hit back at Sefton council, arguing a landlord can not be held responsible for a tenant’s rubbish.
Sefton Council says that landlords operating under selective licensing are required to provide tenants with appropriate facilities for waste disposal, including external storage areas for rubbish, wheelie bins, and refuse sacks.
Cllr Peter Harvey, Sefton Council’s Cabinet Member for Cleansing and Street Scene, warns they will come after landlords who are not meeting these requirements.
He said: “I have said before, fly-tipping is selfish, anti-social, potentially hazardous, and illegal.
“We will not tolerate it in Sefton, and we will come after culprits, and this includes landlords not meeting their requirements to their tenants and to the Borough.
“Sefton Council has to use resources to clean up. Sadly, dumping waste in our streets, alleys and green spaces means those resources could be better used on supporting vulnerable local people.”
Mr Harvey adds the council recently issued a £400 fine for fly-tipping and shared that there are many more cases in progress.
He adds: “We have recently issued a £400 Fixed Penalty Notice to a woman found to be responsible for a recent fly-tipping incident and there are further 15 similar, possible cases in the pipeline, so more people may soon be getting an unwelcome surprise visit from our Enforcement team and facing a hefty fine.
“I hope this makes clear that whoever you are, Sefton Council will not tolerate fly-tipping and if we identify that you are responsible for it, we will come after you.”
Ben Beadle, CEO of the NRLA, has slammed Sefton council for unfairly blaming landlords over fly-tipping.
In a social media post on LinkedIn, Mr Beadle said he fully supports local authorities tackling fly-tipping but slammed the idea that landlords should be held responsible for their tenants’ rubbish.
He said on LinkedIn: “I see it in the magistrates court routinely, and frankly this sort of selfish behaviour should attract the proverbial book being thrown at the perpetrators.
“But I am incredulous that a landlord is responsible for the tenants’ rubbish – making a further mockery of overreaching licensing regimes.
“Sure, provide appropriate bins and other measures but other than that, we are all responsible for our own behaviour.”
Mr Beadle adds landlords cannot control their tenants’ behaviour.
He adds: “I cannot control what my tenants do, they are responsible for their own actions and should face the consequences like everyone else.
“Why a landlord should carry the can is beyond me, other than it being an easy source of revenue once again, for overzealous local authority workers. Here’s a novel idea. Why not issue fines for non-compliant renters who directly cause said fly tipping?”
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Cider Drinker
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Sign Up9:59 AM, 24th April 2025, About 4 weeks ago
The area around some of my properties are always suffering from fly-tipping and litter. I’m told it is Social Housing tenants however, as I cannot install CCTV, I’ll probably never know for sure.
I spend a few hours every month picking litter because I don’t want my tenants having to live in a s…hole.
Will Housing Associations be responsible for their tenants in the same way?
Will councils return to weekly bin collections for all waste?
How will those who live in terraced houses or flats cope when they weren’t built to accommodate multiple large wheelie bins? Many have very little outside space. By the time tenants have a 20ft trampoline in their backyard, there’s very little room left 🙂
Jim K
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Sign Up11:11 AM, 24th April 2025, About 4 weeks ago
The removal of waste and supply of appropriate bins etc is surely the responsibility of whoever pays the council tax.
They should contact the council to order the bins etc.
Therefore in a HMO yes, LL has a hand in it but in a 'family tenancy' they are responsible...surely?
Darren Peters
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Sign Up11:13 AM, 24th April 2025, About 4 weeks ago
Why can't you install CCTV?
If physically difficult to install because of wires, there are battery wireless systems such as Blink.
If someone said it's an invasion of privacy, see this:
https://www.youtube.com/watch?v=YdbqLXydYjM&ab_channel=BlackBeltBarrister
Dylan Morris
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Sign Up12:05 PM, 24th April 2025, About 4 weeks ago
So a tenant who has the full quota of wheelie bins takes an old settee and mattress to one of the local lanes and dumps it. Council have evidence it was the tenant fly tipping and then holds the landlord responsible. As the landlord I’d simply refuse to pay the fine, what are the council going to do about it ? Presumably they’d have to take me to Court where I would quote Warren v Keen 1953 where it was established the tenant has to act in a tenant like manner looking after the property correctly etc.
Sheridan Vickers
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Sign Up12:42 PM, 24th April 2025, About 4 weeks ago
Reply to the comment left by Dylan Morris at 24/04/2025 - 12:05
Well said, thanks for this 🙂
David100
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Sign Up12:56 PM, 24th April 2025, About 4 weeks ago
I'm seeing a trend here...........a senior politician where I live (Naomi Long head of the Alliance party), went on TV and said she would hold landlords responsible for tenants anti social behaviour.
Apparently tenants are children, and we are de-facto parents.
So we are supposed to discipline tenants, despite all the regulations that her and other politicians fought for, to make it so we cant say boo to them.
As I said in an email to her, tenants can smash up the property in front of landlords, and we are not even allowed to intervene.
The police wont touch it (as its a civil matter) so I'm at a loss as to how we are supposed to stop their anti social behaviour. Nil support from her and her ilk if we wanted to evict one of them though.
Julian Lloyd
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Sign Up13:15 PM, 24th April 2025, About 4 weeks ago
The council have a bit of a point.
But as long as you have provided bins and somewhere to keep them. And put up a sign telling the tenants what to do with them and when bin day is.
And told them verbally the same information and made a record (as most tenants just can’t read!) you will have a good defence in law.
Then.
Badger the council each time there is a mess or graffiti or a mattress chucked out.
Drown them in emails as each one costs them £25 to process. Never answer their letters or emails in the first week you received them and constantly ask for clarifications and more info. Great fun.
Beaver
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Sign Up14:02 PM, 24th April 2025, About 4 weeks ago
Reply to the comment left by David100 at 24/04/2025 - 12:56
Let's assume that you have met all your obligations as a landlord, for example by providing space for wheelie bins provided by the council to meet the council's own obligations to the council tax payer, and that the council tax payer in this case is the tenant. Assume that the tenant causes a problem to the neighbours by using the bins incorrectly (e.g. unsorted rubbish), fly-tips or otherwise causes a problem and the council then comes after you as the landlord providing you with evidence of the problem. Surely as a landlord you would just be able to evict the tenant?
David100
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Sign Up14:47 PM, 24th April 2025, About 4 weeks ago
Reply to the comment left by Beaver at 24/04/2025 - 14:02
When the renters rights bill comes into force, good luck at trying to evict anybody for anything. The backlog could be 3 years.
Saul Smart
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Sign Up14:47 PM, 24th April 2025, About 4 weeks ago
Reply to the comment left by Beaver at 24/04/2025 - 14:02
"Surely as a landlord you would just be able to evict the tenant?"
So you are hoping to start proceedings for a grounds based possession that could take a year or more and cost you a few grand which you will never recover, in the (probably vain) hope that a judge will issue a possession order?
At the same time cause bad blood between you and your tenant where they will cause you so much grief in so many ways?
Your a braver person (and have more time and money) than me!!
Let's make this really simple-
COUNCIL GO AFTER THE PERPETRATOR OF THE OFFENCE NOT THE EASY TARGET!!