Property manager fined £3,000 for waste offences

Eagle Residential 1

A Gateshead property agent ordered to clear a huge pile of household rubbish from the yard of one of its properties has been left more than £3,000 poorer after using an unlicensed waste operator to clear it.

And because Eagle Residential Ltd is the property agent for 14 different properties within Gateshead's landlord licensing zone, the conviction means it is now likely to lose its licence to operate all 14 of them.

The offences came to light in December 2017 when a council Enforcement Officer investigating a complaint about rubbish at another address spotted a large pile of bagged household waste in the rear yard of a property on Westbourne Avenue.

Efforts to get the tenant to clear it failed, and the council served a legal notice ordering that the rubbish be cleared within 7 days, and this eventually found its way to the property's agent Eagle Residential of Bewick Road, Gateshead

Eagle Residential 2
Above: Eagle Residential's offices in Bewick Road
The rubbish was removed, but during a subsequent interview with Samuel Adler, the sole director of Eagle Residential, it became apparent that he had used an unauthorised waste carrier to remove it as he could provide no written documentation such as waste transfer notices.

Mr Adler was unable to provide any written documentation for at least two years, despite having been provided with full information about his responsibilities in 2014 and again in 2016.  

On February 11, Samuel Adler pleaded guilty on behalf of Eagle Residential Ltd at North Tyneside Magistrates Court. The company was fined £1,250 for failing in its duty of care, and a further £1,250 for failing to provide waste transfer notes showing how waste had been disposed of.

The company was also ordered to pay a £120 victim surcharge and the judge awarded costs of £470 - a total of £3,090.

Anneliese Hutchinson, service director for Development, Transport and Public Protection, says:

"It's disappointing that having gone to the trouble of twice making sure this company properly understood its responsibilities, our advice was then effectively ignored.

"Unlicensed waste carriers are believed to be responsible for the vast majority of fly tipping that takes place across Gateshead, and it is local Council Tax payers who pay the price - financially, as it is their money that's used to clear up their fly-tipped waste, and environmentally as it is their neighbourhood which is spoilt.

"What this case shows is that any business choosing to use an unlicensed waste carrier can expect to be held accountable by the courts."

Photo of rubbish
12 February 2019

A Gateshead property agent ordered to clear a huge pile of household rubbish from the yard of one of its properties has been left more than £3,000 poorer after using an unlicensed waste operator to clear it.

And because Eagle Residential Ltd is the property agent for 14 different properties within Gateshead's landlord licensing zone, the conviction means it is now likely to lose its licence to operate all 14 of them.

The offences came to light in December 2017 when a council Enforcement Officer investigating a complaint about rubbish at another address spotted a large pile of bagged household waste in the rear yard of a property on Westbourne Avenue.

Efforts to get the tenant to clear it failed, and the council served a legal notice ordering that the rubbish be cleared within 7 days, and this eventually found its way to the property's agent Eagle Residential of Bewick Road, Gateshead

Eagle Residential 2
Above: Eagle Residential's offices in Bewick Road
The rubbish was removed, but during a subsequent interview with Samuel Adler, the sole director of Eagle Residential, it became apparent that he had used an unauthorised waste carrier to remove it as he could provide no written documentation such as waste transfer notices.

Mr Adler was unable to provide any written documentation for at least two years, despite having been provided with full information about his responsibilities in 2014 and again in 2016.  

On February 11, Samuel Adler pleaded guilty on behalf of Eagle Residential Ltd at North Tyneside Magistrates Court. The company was fined £1,250 for failing in its duty of care, and a further £1,250 for failing to provide waste transfer notes showing how waste had been disposed of.

The company was also ordered to pay a £120 victim surcharge and the judge awarded costs of £470 - a total of £3,090.

Anneliese Hutchinson, service director for Development, Transport and Public Protection, says:

"It's disappointing that having gone to the trouble of twice making sure this company properly understood its responsibilities, our advice was then effectively ignored.

"Unlicensed waste carriers are believed to be responsible for the vast majority of fly tipping that takes place across Gateshead, and it is local Council Tax payers who pay the price - financially, as it is their money that's used to clear up their fly-tipped waste, and environmentally as it is their neighbourhood which is spoilt.

"What this case shows is that any business choosing to use an unlicensed waste carrier can expect to be held accountable by the courts."

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