Section 3.3
Checklist 3: During the Tenancy
During the tenancy, your tenants are the ones who have the duty to deal with waste properly and breach of the rules will generally make them liable rather than you. However it is advisable to keep a check on what is happening. Plus, if you are an HMO landlord, you will have additional obligations.
We reproduce parts of the checklist here with comments.
1. Are the tenants complying with their domestic waste obligations in relation to the presentation of waste, storage of waste and storage of bins?
2 Is there any evidence of bins not being collected?
3 Is there any evidence of waste accumulations on the property?
4 Is there any evidence of cross-contamination within any of the waste receptacles?
5 Are the receptacles in good conditions? Is there any damage?
6 Are the receptacles stored correctly?
7 Are there any excess waste issues?
8 Are the number of bins suitable for the number of tenants (some local authorities provide additional receptacles for families over six people)?
9 Are all the receptacles provided at the beginning of the tenancy present?
To check on these you will need to carry out regular inspections. These are essential, not just for the purpose of checking on waste disposal.
You also need to check that, for example, your tenants have not turned the property into an illegal HMO by bringing in unauthorised occupiers, are not breaking the law, for example, by dealing in drugs at the property, and that there are no issues with the property condition which you will need to deal with under your legal obligations to keep the property in repair and fit for human habitation.
If you are unsure about doing inspections, Landlord Law Business Level members will find our Property Inspection Kit here or it can be purchased online.
10 Is there any evidence of waste being incorrectly disposed of?
- Burning of waste
- Burying of waste
Again this is another reason why inspections are a good idea. Neighbours may also warn you if they see this sort of thing (they will probably want to complain if tenants are creating a lot of smoke from burning waste). So when you do your inspections, don’t forget to take a look at the garden.
For example, if you need to do repair or other works at the property while the tenants are still there. Or maybe upgrade works to improve the property’s carbon footprint. You will be responsible for dealing with this waste, even if the work is being done by an independent contractor, so need to assure yourself that it is being dealt with correctly and that you have all the relevant waste transfer notes.
If the works are done by your tenants, they will be the ones responsible. However, you still need to check that they are dealing with it correctly, as if the waste is left behind when they vacate the property, responsibility will be transferred to you.
HMO landlords managing large HMOs with diverse tenants, particularly if any of these have mental health or other issues, should ideally attend at the property weekly to supervise the waste collection and to ensure that bins are stored correctly and so on. This is one reason why if HMOs are to be managed properly, it will involve a lot of work.
When moving any items
See the separate works checklist below.
