Commercial fly-tipping: why landowners need to act now 

Recent news reports concerning Earl Spencer, Princess Diana’s brother, have highlighted the serious and escalating problem of large-scale mass or commercial fly-tipping on privately owned land. According to reports, Earl Spencer sold 310 acres of farmland in Northamptonshire after persistent fly-tipping and vandalism made the land difficult to farm, with incidents said to include 60 burnt-out cars and construction waste being dumped on the estate. Reports also noted that fly-tipping incidents in England rose by 9% in 2024/25, with local authorities recording 1.26 million incidents.

For commercial property owners, landlords, developers, investors and rural landowners, the issue is not simply one of inconvenience. Mass fly-tipping can result in substantial clean-up costs, environmental  and public health risks, contaminated land, insurance complications, reputational damage, disruption to development plans and, in some cases, lengthy disputes over responsibility.  

Fly-tipping is also a criminal offence under section 33 of the Environmental Protection Act 1990, which prohibits the unauthorised deposit, treatment or disposal of controlled waste. [legislation.gov.uk],  

At Blake Turner LLP, our commercial property and dispute resolution teams advise landlords, tenants, investors, management companies, asset managers and business occupiers on property ownership issues, lease disputes, landlord and tenant matters, possession claims, nuisance, trespass, restrictive covenants, property contract disputes and commercial property dispute resolution.

For landowners, the message is clear: prevention, robust contracts and fast legal action are key. 

  

Why commercial land is vulnerable to illegal waste tipping 

Commercial land, vacant sites, industrial yards, development plots, farms, storage areas and partially occupied premises can be attractive targets for illegal waste operators. Criminals may use the land to dump construction waste, asbestos, chemicals, tyres, vehicles, commercial refuse, soil, rubble or hazardous materials in order to avoid lawful disposal costs and having a waste carrier licence which can be found in a public register. 

In some cases, land is accessed by trespassers. In others, the risk arises from weak lease arrangements, poorly drafted licences, informal occupation agreements or unauthorised sub-letting. A landowner may believe they have granted occupation to a legitimate contractor, storage operator or small business, only to discover that the occupier has used the land for unlawful waste storage or tipping. 

This can leave the owner facing urgent questions: 

• Who is responsible for clearing the waste? 

• Has the lease been breached? 

• Can the occupier be removed? 

• Can the fly-tippers be traced? 

• Is an injunction available? 

• Can the owner recover clean-up costs? 

• Could the landowner face enforcement action if the waste remains on site? 

Government guidance confirms that where fly-tipping takes place on private land, landowners are often expected to arrange removal and lawful disposal themselves, unless the matter falls within the remit of the Environment Agency or local authority due to scale, hazard or organised criminal activity. The Environment Agency may become involved where the waste is large-scale, serious, organised, linked to criminal waste activity, or poses an immediate threat to human health or the environment.

  

Commercial leases: the first line of defence 

A well-drafted commercial lease is one of the most important tools available to commercial property owners. It should clearly define how the land or premises may be used, what activities are prohibited and what rights the landlord has if the tenant breaches those obligations.

Landlords should ensure their leases include clear provisions covering: 

• Permitted use: The lease should restrict the tenant’s use of the property to a clearly defined lawful commercial purpose. 

• Waste and environmental obligations: The tenant should be required to comply with all environmental laws, waste regulations, permits and licences. 

• Prohibition on unlawful waste activity: The lease should expressly prohibit storing, depositing, treating or disposing of waste without the landlord’s written consent and any required regulatory approval. 

• Inspection rights: The landlord should have the right to inspect the property on reasonable notice, and urgently where unlawful activity is suspected. 

• Indemnities: The tenant should indemnify the landlord for losses, liabilities, regulatory action, clean-up costs and professional fees caused by unlawful waste activity. 

• Insurance obligations: The lease should require appropriate insurance, including environmental liability where applicable. 

• Termination and forfeiture rights: Serious breaches should allow the landlord to take swift action, including forfeiture where legally available and taking back possession of the property. 

• Reinstatement obligations: The tenant should be obliged to remove waste, remediate contamination and return the property in the required condition. 

Landlords should also insist on having a rent deposit which may be used where the tenant doesn’t pay rent or breaches its obligations in the lease and the landlord incurs costs in remedying those breaches. Cash is often king, or queen! 

Blake Turner LLP advises on commercial landlord and tenant disputes, lease renewals, landlord’s consent, rent arrears, forfeiture, possession claims, service charge disputes, nuisance and trespass issues, all of which may be relevant where land is being misused or unlawfully occupied.

  

Be cautious with licences, short-term occupation, and storage agreements 

Not all occupation arrangements are formal leases. Some landowners allow short-term use of yards, barns, warehouses, car parks or open land under licence agreements or informal contracts, often verbal. These arrangements can create significant risk if they are not properly documented. 

For example, a landowner might allow a third party to use part of a site for “storage”, without specifying what may be stored, whether waste is excluded, whether vehicles can enter overnight, or whether the occupier can bring third parties onto the land. 

Any commercial agreement for occupation should address: 

• Exactly what the land can be used for 

• Whether waste, vehicles, skips, containers or machinery can be brought on site 

• Whether the occupier holds all necessary permits and licences 

• Whether sub-licensing or sharing occupation is prohibited 

• Whether the landowner can terminate immediately for suspected unlawful activity 

• Who pays for CCTV, lighting, security, monitoring, clearance and remediation 

• What evidence of identity, insurance and trading history must be supplied 

A vague or informal agreement may make enforcement more difficult. A robust written contract gives the landowner a stronger basis for action if the occupier breaches the agreement or abandons waste on the premises. 

  

Sub-letting of land: a hidden risk for landlords 

Sub-letting can be a particular problem. A tenant may lawfully occupy a site but then allow another party to use part of it, either formally or informally. If that third party is involved in illegal waste disposal, the landlord may not immediately know who is actually operating from the land. 

Commercial leases should therefore contain strict controls on assignment, underletting, sharing occupation and parting with possession. Where sub-letting is permitted, landlords should require prior written consent, due diligence on the proposed sub-tenant and direct obligations preventing unlawful waste use. The landlord should also require that the original tenant retains an element of responsibility and liability for that other party using the land. This is often an incentive for the original tenant to choose that other party occupying wisely. 

Landlords should also consider requiring: 

• Details of the proposed sub-tenant’s business activity 

• Waste carrier licences where relevant 

• Environmental permits where required 

• Company searches and identity checks 

• References or trading history 

• Clear contractual indemnities 

• Rights to inspect the sub-let area 

• Rights to require removal of unauthorised occupiers 

• Financial security by way of a deposit from any permitted occupier of the land 

If a tenant permits illegal tipping or unauthorised sub-letting, this may amount to a serious breach of lease. Depending on the circumstances and the terms of the lease, the landlord may be able to pursue enforcement action, damages, injunctive relief or possession. 

  

Security and practical prevention [mitigation] measures 

Legal protection should be supported by practical site security. The recent reports concerning Earl Spencer referred to gates, cameras and warning signs being used, although the problem reportedly persisted. This underlines an important point: security measures are helpful, but they should form part of a wider legal and operational risk strategy.

Commercial landlords and landowners should consider: 

• Secure gates, barriers, bollards and fencing 

• CCTV and motion-sensitive cameras with security lights 

• Warning signs confirming private land and prosecution risk 

• Controlled access points 

• Regular inspections, especially of vacant or remote land 

• Lighting in vulnerable areas 

• Physical blocking of unused entrances 

• Rapid reporting procedures for suspicious activity 

• Keeping records of vehicles, number plates and contractors 

• Working with neighbouring landowners and local authorities 

Evidence is critical. If a landowner later needs to seek an injunction, bring a claim, assist a prosecution, or recover clean-up costs, contemporaneous records, photographs, CCTV footage, vehicle registration details and witness accounts may be invaluable. 

  

What can landowners do if mass or commercial fly-tippers can be traced? 

If those responsible can be identified, landowners may have several legal options. The appropriate route will depend on the evidence, the contractual position, the nature of the waste and whether the perpetrators were trespassers, tenants, contractors or sub-tenants. 

Potential legal remedies may include: 

1. Civil claim for damages 

A landowner may be able to bring a civil claim to recover losses, including clean-up costs, remediation expenses, loss of use, damage to property and professional fees. 

2. Injunctions 

Where there is a continuing or threatened risk of trespass, illegal dumping or unlawful use of land, an injunction may be appropriate. Courts can grant injunctions to restrain unlawful activity, and breach of an injunction can have serious consequences. Recent legal commentary has also highlighted the availability of “newcomer injunctions” in some trespass situations, aimed at persons unknown who may later enter land unlawfully. Injunctions can, however, be costly.

3. Possession proceedings 

If unlawful activity is being carried out by an occupier, tenant or unauthorised party, the landowner may need to take steps to recover possession. 

4. Lease enforcement or forfeiture 

Where a tenant has breached lease covenants, the landlord may be able to pursue remedies under the lease, including forfeiture where available and appropriate. 

5. Reporting to enforcement bodies 

Fly-tipping is a criminal offence and may be investigated by local authorities or the Environment Agency. Serious, large-scale, organised or hazardous waste activity should be reported promptly. Government guidance states that the Environment Agency may investigate large-scale, serious, organised illegal dumping or incidents that immediately threaten human health or the environment.

6. Recovery under contractual indemnities 

Where the perpetrator is a tenant, contractor, licensee or sub-tenant, the landowner may be able to rely on indemnities or breach of contract provisions to recover losses, assuming those parties have any assets. 

  

Legal repercussions for mass or commercial fly-tippers 

Fly-tipping carries serious legal consequences. The unauthorised deposit of controlled waste is a criminal offence under the Environmental Protection Act 1990. The Government has also announced tougher penalties, including increasing the maximum fixed penalty for fly-tipping to £5,000 as part of a wider crackdown on waste crime.

However, enforcement can be challenging if those responsible cannot be identified. This is why prevention, evidence gathering and early legal advice are essential. Landowners should not disturb evidence unnecessarily and should avoid handling potentially hazardous waste without specialist advice. 

  

How Blake Turner LLP can help 

Blake Turner LLP is a London law firm advising clients in London, the home counties, across the UK and beyond our borders, internationally, with expertise in commercial property, corporate law, dispute resolution, insolvency and dispute-related legal services. 

The firm’s commercial property department works with business occupiers, property owners, SPVs, investors, management companies and asset managers, while its dispute resolution team assists clients in resolving commercial and property-related disputes efficiently and commercially.

For commercial property owners facing commercial fly-tipping, unlawful occupation or suspected illegal waste activity, Blake Turner LLP can advise on: 

• Commercial lease drafting and review 

• Lease breaches and enforcement 

• Landlord and tenant disputes 

• Licence and occupation agreements 

• Sub-letting and unauthorised occupation 

• Possession claims 

• Injunctions 

• Trespass and nuisance claims 

• Contractual indemnities 

• Recovery of losses and clean-up costs 

• Property-related disputes and litigation 

Mass fly-tipping is more than an environmental nuisance. It is a commercial, legal and financial risk. With the right leases, contracts, site controls and legal strategy, landowners can significantly reduce their exposure and act quickly when problems arise. 

If your commercial land, development site, yard, warehouse or investment property has been affected by fly-tipping or unlawful waste activity, contact Blake Turner LLP for practical, commercially focused legal advice.