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simplybedrooms
08-04-2010, 15:54 PM
Hi i was wondering who is responsible for the drains, I am leasing a shop with tenented flats above and the drains in the toilets are backing up for everyone, the landlord suggested that I am responsible for getting the blockage cleared up I was just wondering if this is truly right? Hope someone can advise about this.

mind the gap
08-04-2010, 15:55 PM
Hi i was wondering who is responsible for the drains, I am leasing a shop with tenented flats above and the drains in the toilets are backing up for everyone, the landlord suggested that I am responsible for getting the blockage cleared up I was just wondering if this is truly right? Hope someone can advise about this.
What does it say in your lease or tenancy agreement about the maintenance of the drains?

Interlaken
08-04-2010, 16:06 PM
I had this one recently and we had to share the costs (though I claimed on my buildings insurance and only paid the excess of £50.

Snorkerz
08-04-2010, 16:17 PM
As a general rule, blockages are the tenants responsibility (because they are caused by the tenant) and physical breakages to the pipework is the landlords responsibility UNLESS caused by the tenant (digging up garden or whatever). For residential (maybe commercial) properties built before the mid 1930s then the drains are the responsibility of the Water Board.

jeffrey
08-04-2010, 16:33 PM
Residential: see s.11 of LTA 1985. Drains are unambiguously L's responsibility.

p_cas
08-04-2010, 17:51 PM
Residential: see s.11 of LTA 1985. Drains are unambiguously L's responsibility.

Even if the T blocked the drains by putting unsuitable items down them, for instance?

Snorkerz
08-04-2010, 18:24 PM
As a general rule, blockages are the tenants responsibility (because they are caused by the tenant) and physical breakages to the pipework is the landlords responsibility UNLESS caused by the tenant (digging up garden or whatever)..


Residential: see s.11 of LTA 1985. Drains are unambiguously L's responsibility.


Even if the T blocked the drains by putting unsuitable items down them, for instance?

I think the final responsibility lies with the LL, but most ASTs would give the LL the right for redress from the tenant.

mind the gap
08-04-2010, 18:30 PM
I think the final responsibility lies with the LL, but most ASTs would give the LL the right for redress from the tenant.

I agree; however, in cases of shared usage of drains (such as OP describes) it can be impossible to demonstrate, even on the the balance of probability, that Tenant X or Tenant Y caused the blockage. It is the nature of the 'stuff' which causes blockages in drains that, short of DNA tests, there isn't a foolproof way to determine where/whom it came from!

Easier with a joint tenancy and no other households sharing the drain.

Lawcruncher
08-04-2010, 19:21 PM
Even if the T blocked the drains by putting unsuitable items down them, for instance?

I think the position is that the landlord is responsible, but can claim the cost from the tenant.

Mars Mug
08-04-2010, 20:13 PM
I think the position is that the landlord is responsible, but can claim the cost from the tenant.

That might be difficult if the cost is shared, for example where the blockage is in a shared section of drain in a row of houses.