Our expert Peter Jones reveals how a loophole in England’s Simper Recycling rules could leave thousands of households excluded from food waste collections next year.
UK households generate around six million tonnes of food waste per year, with England contributing the lion’s share. However, English local authorities only collected around 500,000 tonnes for recycling in 2023 [1], so more than 90% of the circular opportunity to generate energy and return nutrients to the soil is being lost.
The 2023 data reflects a situation where a little over half of English local authorities offered separate food waste collections – and even those that provided the service often excluded some challenging properties such as flats. Under the Government’s ‘Simpler Recycling Plan’, this is changing: from 31 March 2026, councils across England (aside from a few that have been allowed more time to avoid the costs of breaking long-term contracts) must collect food waste from all households.
Simpler Recycling aims to standardise household recycling across England. All councils must collect the same core materials for recycling, including food waste, from every household. This is intended to increase recycling rates, reduce contamination, and help meet net zero targets.
Power point
In practice, however, thousands of homes, particularly flats, could still be missed out. The reason is that the people responsible for managing these properties can still say “no”.
The problem lies in an odd enforcement blind spot. Under S46 of the Environmental Protection Act 1990, councils can require the occupier of a property to place “waste for collection in receptacles of a kind and number specified use”. However, in many purpose-built blocks of flats, residents do not control what bins are available for use – the managing agent does. But there is no clear power for councils to require managing agents to accommodate the bins needed for a food collection service.
But why would a managing agent say no?
Storing up trouble
Their reasons may vary, but inertia aside, common concerns relate to food bins reducing residual waste capacity in space-constrained bin stores, which could cause issues if residents do not separate waste properly, along with misplaced fears around odour or pests.
It is true that poorly designed bin stores, inaccessible containers, and high resident turnover can create waste management challenges, but many blocks of flats make it work. However, councils appear to lack an effective mechanism to overcome resistance, giving managing agents an effective veto on implementing Simpler Recycling.
What can councils do? The enforcement tools available are of limited use. Councils can potentially take enforcement action against residents for not using the right bins, hoping they will pressure the managing agents to act. But this approach is both politically unattractive and legally dubious, especially when residents have no control over whether food waste bins are installed. They can try to engage with managing agents to change their minds – but even if they can find the right person to talk to, there’s no effective recourse if they simply refuse.
Flat playing field
This problem has already emerged in some areas, and could be significant for urban authorities with high-density private housing stock. Areas with many privately managed flats could find themselves unable to deliver full food waste coverage, undermining the Government’s objectives.
Can food waste collection truly be considered “mandatory” if a significant number of homes are structurally excluded? Flats make up over 40% of private rented accommodation, but less than 10% of owner-occupied properties. Failing to address this problem could lead to a two-tier system, with renters in flats missing out on the improved services available to homeowners in houses.
Containing the problem
Councils seem to have their hands tied. If Simpler Recycling is to live up to its promise, Defra needs to address this policy gap. A small amendment to the Environmental Protection Act to provide an enforcement route against managing agents would be one option, but because this is primary legislation it can’t be achieved through a statutory instrument. In the absence of this, the Government could provide advice or even funding to help address misconceptions and improve bin storage to reduce resistance.
Until this happens, councils are left in the impossible position of having a duty to provide universal collections when they lack the power to make this a reality.
If you need help navigating the Simpler Recycling changes, contact Peter Jones, part of our circular economy team, who will be happy to help.
[1] DEFRA (2025) Local authority collected waste management – Provisional annual results 2023/24, GOV.UK. Available at: https://www.gov.uk/government/statistics/local-authority-collected-waste-management-annual-results/local-authority-collected-waste-management-provisional-annual-results-202324
