This article was written by Liam Melody, founder of Clear It Out (Environment Agency Waste Carrier Licence CBDU176999), a licensed house clearance company operating in London, Surrey and Kent. It covers the legal duty of care established under Section 34 of the Environmental Protection Act 1990, how councils forensically trace fly-tipped waste back to its source, the real costs facing landowners when fly-tipping happens on or near their property, and a practical guide to verifying a waste carrier licence on the Environment Agency public register before booking a clearance.
In fourteen years of clearing London properties, I have had more than a few difficult conversations with customers who have already been stung. Not stung in the sense of a bad job or a missed item. Stung in the sense of receiving a letter from the council, weeks after a clearance they thought was done and dusted, asking them to explain why their mail was found in a pile of dumped waste on a residential street three miles away.
Every single one of them said the same thing: “How can I be the one being investigated? I didn’t dump anything.”
The answer is not what most people expect. And if you are planning a clearance and you have not thought about this, it is worth a few minutes of your time before you book.

Why Some Companies Can Afford to Quote So Much Cheaper
A licensed clearance company has disposal costs that do not go away however hard it tries to keep prices competitive. Licensed transfer stations charge gate fees. The Persistent Organic Pollutants (POPs) regulations introduced in 2021 added a surcharge to virtually all upholstered furniture. Mattresses, fridges, freezers and electronics all carry disposal costs. Fuel costs money. So does the team.
When a quote comes in at half the price of everyone else, one of those costs has been removed from the equation. In my experience, the one that goes first is the disposal itself.
The job proceeds normally. They arrive, they load the property, you pay them, they drive away. What happens next is that your belongings end up on a side road, a lay-by, or an industrial estate somewhere you will never see. You have paid for a clearance. What you have actually bought is a collection service with no legal endpoint.
The Department for Environment, Food and Rural Affairs records more than one million fly-tipping incidents in England every year. The clean-up bill to local authorities runs to tens of millions of pounds annually. A significant and growing proportion of those incidents involve waste that was paid for, collected, and abandoned.

How Councils Find Their Way Back to You
This is the part that surprises people most.
Council enforcement teams do not approach fly-tips the way you might expect. They do not arrive, load it onto a truck, and move on. They examine the waste. Systematically, by hand, looking for anything that places a specific household at the origin of what is sitting in front of them.
Letters. Bank statements. Prescription packaging. Electoral roll documents. Anything with a name and address on it goes into the evidence file. The forensic process is methodical and it works. In a significant number of cases, the trail leads not to the person who dumped the waste, but to the person who originally paid to have it removed.
I know people who received enforcement correspondence weeks after a clearance, having no idea that the operator they had paid had abandoned the load somewhere along the route. They had no paperwork. They had no waste transfer note. They had no record of having checked that the operator was registered. That absence of documentation is the gap that gets closed around them.
The Legal Position: Section 34 and the Duty of Care
The legislation is Section 34 of the Environmental Protection Act 1990. The duty of care it establishes applies to anyone who produces, holds, or transfers controlled waste. That means the homeowner commissioning a clearance, the executor organising a probate job, the landlord arranging an end of tenancy clear-out.
The duty requires you to ensure that waste is only handed to someone who is authorised to receive it. Handing it to an unlicensed operator does not transfer that responsibility. It means you have failed the duty of care yourself.
Fixed penalty notices can reach £400. Prosecution in the magistrates’ court for a Duty of Care offence carries a maximum fine of £5,000. In cases involving more substantial volumes, the matter can reach crown court, where fines are uncapped and legal costs accumulate quickly.
What I have seen over the years, and what I think is the part of this that genuinely catches people off guard, is that enforcement tends to find its way to the person who commissioned the job more readily than to the operator who did the dumping. The customer has a fixed address and a paper trail tying them to the property. The rogue operator has often structured themselves specifically to avoid those things. That is not fair. But it is how the system tends to play out in practice.
What It Actually Costs When It Goes Wrong
A few years ago, a group of businesses in South London collectively faced a clearance bill of around £9,000 after a substantial fly-tip was deposited on land adjoining their premises. Furniture, white goods, building materials. The council enforcement team could not trace the operator, the local authority declined to clear it, and the cost fell to the businesses themselves, some leaseholders and some freeholders. The Times has reported on similar situations nationally and the pattern holds: the bill for clearing unlawfully deposited waste on private land lands with the owner of that land, not the person who deposited it.
This is not an abstract risk. And the painful irony is that it typically happens to people who thought they were saving money on a clearance.
What to Check Before You Book
Some practical steps before agreeing to anything.
Check the Environment Agency public register
Every legitimate waste carrier in England is listed there. Search by company name. If they do not appear, do not proceed. Our licence number is CBDU176999, and you can verify it yourself: Environment Agency public register. The search takes two minutes.
Ask for a waste transfer note
This is a legal document recording the transfer of your waste to a licensed carrier. A registered company produces one without prompting. If there is any hesitation or you are told it is not needed, treat that as a signal.
Be realistic about the price
Our rates are transparent on the prices page, and we price competitively. But when a quote sits significantly below the market, and there is no satisfying explanation for how, the disposal costs have usually been left out of the calculation entirely.
Check the reviews
Look at how long the company has been operating and whether they have a genuine online presence. A company with no website, no track record, and no verifiable history is a risk, regardless of the paperwork it produces. And be wary of anyone who approaches you unsolicited, at the door, by phone, or online, offering to take your waste. That is not how legitimate operators work.
Those four steps are a necessary baseline. They are not the whole picture. There is no real barrier to entry in this industry, and rogue operators can and do hold licences. Anyone can fill in a waste transfer note. A licence number and a piece of paper are worth checking, but they are not the whole story.
If something feels off, it usually is.
A Note for Executors
If you are dealing with a probate clearance, the same duty of care applies to you in your role as executor. These jobs often happen under time pressure and cost pressure, and rogue operators know that. Taking five minutes to verify the company on the EA register is worth it. The estate you are administering cannot absorb a fly-tipping fine on top of everything else.
Book a Licensed House Clearance
If you are planning a clearance and want certainty that it will be handled correctly and disposed of legally, our house clearance London page covers what we do, how we price, and how to get a quote. We provide a waste transfer note on request and operate under EA Licence CBDU176999 on every job.
Clear It Out’s experienced team is available 7 days a week across London, Surrey and Kent. Fully licensed, eco-friendly and trusted by hundreds of customers across London.
The legal information in this article is provided for general guidance only. If you have received enforcement correspondence or are facing a specific legal situation, seek independent legal advice. GOV.UK guidance on the waste duty of care is available at gov.uk.
Liam Melody is the founder of Clear It Out, a licensed house clearance and rubbish removal company based in Wallington, South London. Established in 2016, Clear It Out holds Environment Agency Waste Carrier Licence CBDU176999 and carries a 10/10 rating on Checkatrade from over 190 verified reviews. Liam has carried out hundreds of clearances across London, including probate, estate and end-of-tenancy jobs, and has first-hand experience of the consequences customers face when unlicensed operators are involved.




