New waste laws may be nightmare for HMO landlords

New waste laws may be nightmare for HMO landlords


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New waste recycling laws kick in at the end of winter which may become a headache for landlords, especially those with HMOs.

The government’s so-called ‘Simpler Recycling’ reforms mean that from March 31 local authorities in England must begin to provide a consistent recycling service in every region. 

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Most areas will have to implement the following core waste services – general waste, food waste (sometimes to be combined with garden waste), paper and card, and other dry recyclables. As a result, most households will now need four waste containers.

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Similar rules came into effect for businesses earlier this year. 

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Mixed housing types like student housing, flats, multi-block units and combined household and commercial spaces can mean that many places which weren’t previously covered by last year’s Simpler Recycling regulations for businesses now need to comply by the end of March.

The Business Waste service says HMOs fall in a grey area, with it being hard to determine who is responsible for waste compliance. 

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Primarily, tenants hold the responsibility for day-to-day waste sorting and ensuring the right items go into the right bins but Business Waste suggests that some HMOs have licensing requirements, which mean that landlords and managers must adhere to terms such as providing the right type of bins and sufficient space for their storage, along with clear instructions to tenants. 

And the service claims that some HMOs that previously found they had enough coverage for waste under normal household collections provided by the council, “may now feel they need to employ a private waste collector in order to meet the [new] obligations.”

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The company advises landlords to:

  1. If you work with a managing agent, ensure you clearly communicate what’s needed ahead of the new regulations coming into force. 
  2. Audit your existing waste streams, number and capacity of bins and try to estimate what may increase. 
  3. Ensure there is adequate capacity in bins and a suitable collection frequency to meet this increased level of waste. 
  4. Ensure you have the right containers needed for all new waste streams. 
  5. Communicate the new waste separation rules to your tenants. 

• 6. Consider what your local authority will deliver and what you must supply to meet your obligations.

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