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Loophole Exposes Landowners and Householders to Fly-Tipping Liability

Councils are relying on a duty-of-care loophole to extend liability for fly-tipping to property owners through mandatory clear-ups followed by fines for householders.

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Overview

  • The little-known duty-of-care loophole empowers councils and environmental agencies to compel landowners to remove illegally dumped waste or face legal action.
  • Householders risk £600 fines if their rubbish is handed to unlicensed carriers that subsequently fly-tip.
  • Enforcement measures now include doubled on-the-spot fines, unlimited penalties, vehicle seizures and up to five-year prison sentences for serious offences.
  • Councils have increased surveillance and rely on Gov.uk waste-carrier licence checks to tackle more than one million incidents recorded in England last year.
  • The ongoing trial of Darren Sheen over a 27-tonne waste dump in Lichfield highlights active prosecutions under the government’s strengthened fly-tipping crackdown.