Landlord fined after discovery of one of Ashford’s largest fly-tips

A report from a member of the public to Ashford’s Environmental Enforcement team of rubbish being dumped in a remote country lane near Chilham resulted in it tackling one of the larger fly-tips it has faced – and began a trail that eventually led to a landlord in Herne Bay.

Responding to the report, the team visited New Forest Lane, a leafy lane a few miles from Chilham where they discovered a large fly-tip blocking the road. The household waste included carpet, a sofa and an armchair, clothes, plastic boxes and bags and lots of general household waste.

Sifting through the rubbish, evidence was found relating to a man living in Herne Bay. During interview under caution at the Civic Centre, he said that he had moved out of his rented accommodation in Charles Street in Herne Bay before the fly-tip was found and that his ex-landlord had made arrangements for someone to dispose of the tenant’s waste.

He told the team that he had sent several hundred pounds to his former landlord to cover the costs of the waste disposal – a claim that he was able to back up by showing screenshots of the mobile phone messages between him and his former landlord, as well as a screenshot of the bank transfer of the payment.

On 19 September the ex-landlord was interviewed under caution by Ashford’s team. He confirmed that the man was his former tenant and that he had left all of his belongings at Charles Street. He also confirmed that the payment arrangements had been made by text. 

The ex-landlord told the team that he did not use his former tenant’s money to pay a waste carrier and claimed he made several tip runs himself to dispose of the waste. He could not explain how all of the waste from his property ended up being fly-tipped in New Forest Lane.

For failing in his householder duty of care to ensure that the waste was disposed of properly he was given a Fixed Penalty Notice of £400 (reduced to £300 if paid within 14 days).

Legal duty of care

Households and also businesses have a legal duty of care when it comes to what happens to their waste. Before using someone to dispose of your rubbish you must carry out checks to ensure that the waste collectors are registered with the Environmental Agency and carry an authorised licence - as shown in the example below.

Beware rogue waste carriers

The Ashford team warn that fly-tippers often target households via social media or local advertising, luring customers in with cheap rates to dispose of unwanted furniture, building rubble or garden waste. But these unlicensed waste carriers often simply dump the waste wherever they can get away with it, including in Ashford’s country lanes.

Householders or small businesses found to be using these rogues to dispose of their waste can be prosecuted by the Council, with FPNs of up to £400 per offence. Failure to pay may result in court action.

You can check whether someone is licensed to carry waste by calling the Environment Agency on 03708 506506 or by visiting their website.

It also helps if householders receive a written receipt or transfer note, including contact details, description of waste removed and details of where the waste is being taken to.

Report fly-tipping

Many of the leads that end with offenders being caught come from residents alerting the Council’s team to fly-tipping incidents by using the Report It page on our website.