Whose responsibility is a blocked drain?
Blocked drains are a common cause of dispute during tenancies, especially when it's not always clear who is responsible. And, since the tenancy agreement does not usually contain information on every possible household issue, it can be difficult to determine liability. The Tenancy Deposit Scheme (TDS) has advice on how to manage this frequent problem and prevent deposit disputes at the end of tenancy.
When it comes to blocked drains, there is often a dispute about who should take responsibility for the issue, the tenant or the landlord.
The tenant might have caused the blockage as a result of pouring grease down the sink, flushing wet wipes or other unsuitable objects, which the landlord should not have to cover the costs for fixing.
However, from the tenant's point of view, the drainage system (which includes the pipes within the property and the connection to the main sewers) is part of the building, so the landlord should be liable for its upkeep.
Therefore, determining the cause of the blockage will help clarify who should be responsible for the cost.
The most common cause of blocked drains are:
- Pouring cooking oils and fats down the sink
- Flushing wet wipes, nappies and other unflushable objects
- Hair build-up
- Paper towels and cotton wool
- Coffee grounds
- Food
Blocked drains can also be caused by external problems such as leaves and debris, tree roots or litter.
Should the landlord pay to investigate blocked drains?
If your tenant notices sluggish water drainage in the sinks, showers, or baths, they should inform you as quickly as possible. This enables you to take the proper steps to stop the issue from getting worse. But there is no foolproof way to be sure that the tenant is the cause before the problem is investigated, so it would be the landlord's responsibility to pay for a plumber to investigate the problem.
What is the tenant responsible for?
What your tenant is responsible for will be determined by the tenancy agreement. But generally, tenants are responsible for taking appropriate steps to ensure the health, safety, and general well-being of themselves and their guests at the property. This includes general maintenance, upkeep, and not pouring items down the sink that could cause the drains to block.
Tenants are also responsible for reporting any problems with their rental property (such as blocked drains) to their landlords in a timely manner before the problem escalates.
What is the landlord responsible for?
It is the landlord's responsibility to maintain their drainage, pipes and other areas of plumbing, as stated in the Landlord and Tenant Act 1985.
If the blockage is found to originate from an inside drain and caused by tenant mis-use, there's no ambiguity, and the landlord should be able to pass this cost onto the tenant.
Should the issue originate from a wear and tear problem or structural damage, landlords are responsible for the drainage within the boundary of their property. You'll be able to check where this boundary lies within the property deeds.
If the drainage is shared with multiple properties and the blockage is located past your property boundary, then the issue is considered a shared amenity and the local utility company is liable for fixing it.
TDS tips for landlords
When it comes to avoiding disputes involving blocked drains, there are several tips TDS would advise:
- First, landlords should be sure to regularly maintain the property, including checking the plumbing system and having issues fixed before they become more significant problems.
- Before letting the property, it's the landlord's responsibility to ensure that the plumbing and drainage are in good working order, along with the fittings and fixtures.
- Ensure your Inventory and check-in reports cover the drains and gutters, and details that the water drains without issue.
- Schedule routine maintenance checks with your tenants and check the water in the sinks, shower, toilets and bath is not slow draining.
- Fitting a drain cover to any external drains on your property to catch debris will help avoid external blockages from falling leaves and moss.
- Landlords should provide their tenants with instructions on how to turn off the main water supplies and provide contact details for plumbers in case of an emergency.
- Keep any emails, invoices and receipts for proof of cost if the problem is caused by tenant misuse. You will need clear evidence to make a deposit deduction at the end of tenancy.
Don't let a good tenancy go down the drain
If you're experiencing a mid-tenancy dispute with your tenants, TDS offer a free mid-tenancy mediation and reconciliation service called TDS Resolution. Our aim is to secure mutually acceptable agreements between landlords and tenants to allow tenancies to be sustained. Find out more about this service here.
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Visit our TDS Information Lounge to find more guides, tools and templates, all designed to make the life of a landlord easier.
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