repeatedly blocked drains

I hope someone can help with advice on how to solve this problem! We live in a victorian terrace that is divided into two flats, ground and first floor. So we share drainage pipes that run under the property and on to the street. We own the ground floor flat leasehold and upstairs is rented out to a family where only the teenage children speak English.

Our drains have been blocked every few weeks over the last 18 months. Everything backs up and sewage overflows from the open drains (where downpipes go) into our back garden. The landlady of the flat upstairs has drainage insurance so every time Dynorod has been out and unblocked them. They have found wet-wipe type cloths causing the blockage almost every time. We don't use these, and I have tried to explain to the tenants not to flush these down the toilet, although they deny using them at all. However communication is difficult and I'm not sure the children actually tell their parents any of this.

This has happened so many times that Dynorod have said they will charge next time a wet-wipe is found to be the problem. Legally I would be jointly responsible for this bill with the landlady upstairs.

Aside from the money, I am beyond fed up with this as we have a garden full of sewage to clean up, no use of the toilet/shower during blockages and I have to take time of work to give access to workmen. It does not affect the family upstairs at all, and they continue to flush their loo and use water when the drains are blocked, despite me asking them not to.

Can anyone advise where I stand legeally if this problem keeps happening and I keep having to pay to fix it? Can I refuse to pay without any hard evidence that they are causing this blockage and not us?

Thanks for any ideas you can give me! (and yes we have though of leaving the sewage we have to clear up in a bag infront of their door but could not go through with it, no matter how angry we get).:mad:

Comments

  • Doozergirl
    Doozergirl Posts: 34,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 11 August 2009 at 8:46PM
    Have Dynorod checked the actual pipes leading all the way to the main sewer for damage already by CCTV? Is it really just babywipes?

    In a property built before 1936 it's actually the water company responsible for maintenance of the drains where they are shared. Perhaps you should give them a call and ask them to come out and look?

    When we had a toilet that kept blocking back up it was because there was a pipe lodged right into the main pipe causing stuff to build up over a period of time. Babywipes really will not help if there is another kind of blockage as they won't break down at all and will cause a back up quicker
    Everything that is supposed to be in heaven is already here on earth.
  • AdrianW2
    AdrianW2 Posts: 416 Forumite
    This has happened so many times that Dynorod have said they will charge next time a wet-wipe is found to be the problem. Legally I would be jointly responsible for this bill with the landlady upstairs.

    Says who? Dynorod are a private company, unless you've got a contract with them you're not responsible for anything.

    On the other hand if the statutory authorities do get involved you will be part-liable so it's probably best to keep this informal.

    Is the sewer shared with anyone else? It might be someone else on the street causing the blockage. Some helpful diagrams here.
  • dander
    dander Posts: 1,824 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Have you spoken to the landlady about the problem? A visit from the landlady saying she'll have to put the rent up to pay for it might help.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Shared drains in a Victorian property are the responsibility of the local water authority, Dynorod should not be involved as the drains are not your property.
    No free lunch, and no free laptop ;)
  • jemw
    jemw Posts: 280 Forumite
    As others have mentioned, if the property is a victorian terrace, it is presumably the local authority's responsibility under section 24 (pre 1937 drains)

    If this is the case, you shouldn't be legally responsible for the blockages

    However, i would speak to the landlord and ask her to speak with the insurers about the possibility of camera surveying the drainage run to ascertain if there are underlying faults causing constant blockages

    Good luck!
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