Waste On Land: A Warning For Landowners

Fly-tipping continues to cause problems for businesses, governments and communities. Defra recently assessed the number of fly-tipping incidents during 2014-2015 at around 900,000 in England alone.¹ It comes as a surprise to many landowners the extent to which they can be held liable for the actions of third parties on their land; even if they had no knowledge of the activities, or it was assumed risk was mitigated by a tenant carrying out activities authorised by a regulator. Short-term lets may seem an attractive option for landowners, particularly as unoccupied land can be vulnerable to trespass, deterioration and vandalism. However, as some landlords are finding out to their cost, waste liabilities can be much greater than rental income.