Mandatory Waste Storage and Disposal Conditions for HMOs

Introduction

Licences granted under Mandatory and Additional Licensing Schemes, otherwise known as Part 2 licences granted under the Housing Act 2004, will include a condition requiring the compliance with the local authority's storage and waste disposal scheme if granted or renewed after 1 October 2018.

HMO landlords are already under a duty to ensure that adequate refuse facilities are provided, and to ensure that arrangements are made for the disposal of refuse under the HMO Management Regulations. The purpose of mandatory condition is to ensure that licence holders comply with any scheme provided by their local authority.

What is the condition?

It is a new mandatory condition which will place the licence holder under an obligation to proactively comply with waste collection schemes of their particular local authority. The licence holder must comply with any scheme provided by the local authority which relates to the storage and disposal of household waste at the HMO pending collection.

For example, licence holders will be expected to:

  • Plan for waste storage at the HMO
  • Make arrangements for the proper storage of bins and recycling within the HMO
  • Ensure bins and recycling boxes are stored in a neat and tidy manner
  • Provide the tenants with waste collecting information

Most local authorities publish their waste collection policies online, including their recycling procedures.

Enforcement

The Waste Storage and Disposal condition will be a mandatory condition of the HMO licence which means that should the licence holder fail to comply they will be committing a criminal offence. This could result in a prosecution being brought by the local authority and, if found guilty of the offence, an unlimited fine could be imposed. Alternatively, the local authority might impose a financial penalty notice of up to £30,000. Breaching a mandatory condition is also a banning order offence so a licence holder who commits multiple breaches could be at risk of a banning order being imposed and being placed on the Rogue Landlord Database.

The condition will not apply to licences granted before 1 October 2018.

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