Garden waste

Find out what you can and cannot put in your garden waste bin.

1. Application

These terms and conditions shall apply for the provision of Garden Waste Collection Services (the “services”). The Agreement is made between the resident of the London Borough of Croydon (the “council”) of Town Hall, Katharine Street, Croydon, Surrey, CR0 1NX to you (the “customer”) and sets out how the council will deliver the service (the service) to its customers, and how the customer uses the council’s garden waste collection service. By agreeing to pay for the service you will be accepting these terms and conditions.

2. Interpretation

2.3. The “contractor” means an organisation that has a contract with the council to provide the services, (or some of part of them on the council’s behalf).

2.4 The customer” means the resident or landlord or agent making a booking for a waste collection.

2.4. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.

2.5. Words imparting the singular number shall include the plural and vice-versa.

3. Services

3.1. The council, through its contractor operates a chargeable collection service, for garden waste collection (the “services”), for households across the borough.

3.2. For an annual subscription, residents will be provided with 26 fortnightly collections of garden waste over a 12-month period.

3.3. The annual charge also covers the loan of the bin(s) in which garden waste must be placed for collection.

The standard service will use:

• 240 litre grey wheelie bin with a brown lid.

3.4. The charge is for the provision of the service and not the size of the bin used, or the amount of waste produced.

3.5. The chargeable garden waste service is available for use by domestic households only. The service is not available for all households eligible for a kerbside household service. This may exclude some flats or where access is difficult, for example, steps.

3.6. The council reserves the right to alter the sizes of the collection bins at any time.

3.7. Bins ordered will be delivered within 10 working days (Monday to Saturday). Collections will commence on the next scheduled collection day following delivery of your bin. New or additional subscriptions to the service will have bins delivered in advance of the first scheduled collection.

3.8. Garden waste will be collected fortnightly on your allocated day (although this may change due to Public or Bank Holidays or exceptional circumstances). Your subscription covers the emptying of your bin only once on your collection day. Information about collection days will be available on the council’s website.

3.9. The council reserves the right to alter collections if required and will endeavour to provide adequate notice to all householders that would be affected by the alteration.

3.10. The council (via the contractor) will make every effort to carry out collections on your collection day between 6am and 8pm. However, there may be delays due to events outside of the council’s control (see clause 14).

3.11. Once garden waste has been collected from the household it is the property of the council. It is then sent to a composting facility where it is turned into a soil improver.

3.12. Lost property cannot be retrieved and will not be compensated.

4. Acceptable materials, contamination and overweight bins

4.1 You can dispose of the following waste in your garden waste bin:

• Grass cuttings
• Dead plants and weeds
• Hedge trimmings
• Leaves
• Small branches
• Fruit fall

Please note: all garden waste including branches must be able to fit into your bin with the lid closed.

4.2 You cannot dispose of the following in your garden waste bin:

• Tree trunks, stumps, or logs
• Plastic or polystyrene plant pots and trays
• Vegetable peelings or other food waste
• Soil, hard-core, stones or rubble
• Turf
• Japanese knot weed or any other harmful invasive plants or weeds
• Plastic or Compostable bags

4.3 Bins that have contaminating items will not be collected. 

5. Council obligations

5.1. The council shall use reasonable care and skill in its performance of the services and shall ensure compliance with any and all relevant codes of practice.

5.2. The council shall use reasonable endeavours to complete its performance of the services within the time agreed as set out within this agreement; however, time will not be of the essence in the performance of these obligations.

6. Subscription fees

6.1. The fees (“fees”) for the services are set out on the council’s website and will be reviewed annually.

6.2. You must make payment for the chargeable garden waste service in advance by debit card or credit card only, online via Croydon's My Account. Customers who do not have access to the internet can sign up using the internet services at Access Croydon or any public libraries, in person or nominate a person to do so on their behalf. The nominated person must accept on behalf of the paying resident(s) the terms and conditions of the service and ensure the relevant collection information is provided to the resident(s) receiving the Service.

6.3. You can join the scheme at any time during the year and will receive the services for 12 Months equating to 26 fortnightly garden waste collections.

6.4. Customers will be notified in advance when the next annual payment is expected.

6.5. The fee shall be non-refundable, except in the circumstances outlined within this agreement. Please see clause 7.4. for further details.

6.6. If you order an additional bin after your original subscription period begins, the subscription start date for the additional bin will be the same as that for the original. The cost will be the standard annual fee, regardless of the length of the remaining period.

7. Bin delivery and bin maintenance

7.1. Once the service has commenced, the contractor will deliver your bin(s) within 10 working days (Monday to Saturday) from receipt of your paid application.

7.2. Occasionally the contractor’s delivery to you may be affected by a Clause 14 event. If the contractor is not able to deliver the bin(s) due to operational reasons or stock shortages, the contractor will deliver the bin(s) as soon as possible.

7.3. From the completion of delivery, the bin(s) will be the responsibility of the resident. Delivery will be completed when the bin(s) are placed at the property named in your application.

7.4. If on arrival it is deemed that your property does not meet the requirements of an eligible property, for example,  health and safety issues or other anomalies the bin(s) will not be delivered. In this instance you will not be entitled to the service but will receive a refund.

7.5. If you find that a bin is damaged on delivery, you have the right to request the replacement or repair of the bin(s). Please contact the council as soon as possible. The council will endeavour to get a replacement bin(s) delivered, as soon as possible.

7.6. The subscription payment otherwise covers the cost of the service.

7.7. The bin(s) always remains the property of the council.

7.8. Whilst you maintain your subscription services, the bin(s) are loaned to you, and therefore you are responsible for maintaining the bin(s) in a serviceable condition, its cleanliness, and the cleanliness around the bin’s location whilst in your possession. If you wish to put your house number or name on the bin it must be done in such a way that if required, the bin can be restored to its original condition.

7.9. The bin(s) must not be removed from the premises stated on the application to the scheme unless removed by, or with the authority of the council.

7.10. You shall keep the bin(s) safe and secure. In the event of the bin being lost, stolen, or damaged you may be required to pay to the council the costs of the equivalent replacement bin(s) and its delivery unless the council has damaged the bin(s) during collection.

7.11. Where the council has damaged the bin(s) during the collection of garden waste, please contact the council as soon as possible to arrange repair or replacement.

8. Presentation

8.1. You may only use the designated garden waste bin(s) provided by the council for the chargeable garden waste service.

8.2. The contractor will not collect garden waste contained in any other bin(s).

8.3. The contractor shall be under no obligation to provide a collection if:

• the bin is not presented at your property boundary closest to the highway, by 6am on collection day
• the bin contents are contaminated, overflowing or overweight (over 25kg)
• the bin is damaged and emptying it would pose a health and safety risk
• if the bin is presented in such a way that it would pose a risk of being damaged by the council’s equipment (for example, excessive overflow of waste, as such, which would prevent the lid from closing)

8.4. If the bin(s) is contaminated with materials that are not accepted in the garden waste service, it is your responsibility to remove the contamination before the next scheduled collection. Frequent contamination may result in the cancellation of the service at the council’s discretion.

8.5. There should be no sacks placed within the bin(s). All garden waste should be placed loose inside the bin(s).

8.6. You grant the council the right (and the contractor when authorised by the council) to remove the bin(s) from your property in the event of withdrawal of the service or contamination of the material.

8.7. No side waste will be collected, for example, extra waste next to the bin or balanced on the lid.

8.8. Residents that already receive an assisted collection service for waste and recycling collections will be eligible for an assisted collection for their garden waste.

8.9. The bin(s) should be removed from the public highway as soon as is practical after collection (it is an offence to obstruct the highway).

9. Service issues

9.1. In the unlikely event that there is a problem with the garden waste collection service. Please contact the council via your Croydon's My Account to report the problem after 10pm on the day of the collection and within 2 working days of your collection day.

9.2. Any reports of missed collection reported outside of these times will not be collected. The council will investigate all missed collections reported within the timescale and will not return if a bin is suspected of being refilled.

9.3 Residents must report any missed collections to the council within three working days of the scheduled collection date, with the collection day counted as the first working day. Reports can be submitted online to Report a garden waste collection problem. Reports can be submitted online until 11pm on the third day.

9.4 Missed collections reported after this deadline will not be processed, and bins will only be collected on the next scheduled collection day. The council will aim to return and collect missed bins within 2 working days of receiving a valid report.

10. Moving home

10.1. You must inform the council via Change your garden waste collection address of any change in address to enable the council to amend your collection details to your new address, as long as it is still within the London Borough of Croydon.
You must cancel the service by informing the council via Change your garden waste collection address if you will no longer be a resident in an eligible property within the London Borough of Croydon.

10.2. In the event that collection slots are missed, due to a change in address, the council shall not make any refund of the fees, the council will require time to process the amendment.

10.2 You should leave the bin(s) at the previous property if you are moving to an address that is unable to accommodate a garden waste bin or if you are moving outside of Croydon. You can inform the council of the change of address by emailing contact.thecouncil@croydon.gov.uk.   

10.3 The bin(s) remains the property of the council, and you shall leave the bin(s) at the property. No full or partial refunds for the Service will be given. 

11. Cancellation and refund

The parties can cancel the services in the following ways:

11.1. Before the council begins to provide the chargeable garden waste service, you may cancel your service within 14 days of making payment. In this case, the council will refund the payment made for the garden waste service. No refunds will be given for any cancellation requests received after 14 working days of receipt by the council of payment.

11.2. Once you are receiving the chargeable garden waste service, you may cancel the contract for the service at any time by providing the council with at least one month’s notice via Croydon's My Account. There are no refunds or part refunds for the cancellation of the service, part way through the year.

11.3. Once cancelled, the contractor will collect the bin(s), if there is any damage, or if the bin(s) are defaced or not available, the council reserve the right to charge you for repair or replacement of said bin(s).

11.4. Bin must be left out to the front of the address to allow collection to take place.

11.5. Once the council has begun to provide you with a chargeable garden waste service, the council may cancel the contract at any time by providing you with at least one month’s notice in writing.

11.6. The council may cancel the contract with you for the chargeable garden waste service at any time with immediate effect by giving written notice if you breach the contract in any other material way and do not correct the problem within 5 working days of the council making its request for you to do so.

11.7. Clause 11.3. shall apply upon cancellation by the council.

12. Liability and indemnity

12.1. The council will not be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the council’s employees, contractors, agents or otherwise) in connection with its provision of the services or the performance of any of its other obligations under these terms and conditions or with the use by the resident(s) of the services supplied whether as a result of breach of contract, breach of statutory duty, tort (including negligence) or otherwise howsoever arising.

12.2. The council shall not be liable to the resident(s) or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the council’s obligations if such delay or failure is due to any cause beyond the council’s reasonable control.

12.3. Nothing in these terms and conditions shall limit or exclude the council’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability.

13. Sub-contracting

13.1. The council shall be free to sub-contract the provision of the services (or any part thereof).

14. Force majeure and missed garden waste collections

14.1 In rare cases, the council may be unable to collect bin(s) due to force majeure, including but not limited to roadworks, restricted access, fire, flooding, storms, severe weather, or other events beyond the council’s control.

14.2 If a force majeure event occurs, the council will attempt to complete the garden waste collection once:

• the contractor can safely access the road, and
• the road is deemed safe for collection

No refunds will be issued for missed collections caused by force majeure or other unforeseen circumstances.

15. Communications

15.1. All notices under these terms and conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

15.2. Notices shall be deemed to have been duly given:

(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or otherwise at the commencement of the next business hours.

(b) when sent by email Council@croydon.gov.uk.

(c) on the 5th business day following mailing, if mailed by national ordinary mail. 

15.3. The council and the contractor will use your email or postal address to provide you with information about your garden waste collection service, including a reminder when your subscription is due for renewal.

16. No waiver

16.1. No waiver by the council of any breach of these terms and conditions by the resident(s) shall be considered as a waiver of any subsequent breach of the same or any other provision.

16.2. No failure or delay on the part of either the council or the resident(s) to exercise any right, power or privilege under these terms and conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.

17. Severance

In the event that one or more of these terms and conditions is found to be unlawful, invalid, or otherwise unenforceable, that/those provisions shall be deemed severed from the reminder of these terms and conditions (which shall remain valid and enforceable).

18. Law and jurisdiction

18.1. These terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

19 Data collection

19.1 The council will collect and process the following information about customers who subscribe to this service:

• Name
• Property address
• Email address
• Phone number

19.2 Duty to update information

Customers are required to notify the council of any changes to their personal details to ensure records are accurate and up to date.

19.3 Purpose of data collection

The council collects this information to:

• provide the subscribed service
• contact customers regarding the renewal of their subscription
• notify customers about any changes or impacts to the service

19.4 Use of information

The council will use the information, including personal information, provided by customers to process their application. This information may also be used by the council and its partners to deliver and improve the service. The information will not be used for any other purpose.

19.5 Data protection and compliance

The council is a data controller under the Data Protection Act 2018. All personal information will be processed in accordance with the act, and the purposes specified in the council’s notification to the information commissioner.

19.6 Data processing

All personal information provided will be handled securely and in compliance with applicable data protection laws.