Communal Waste Pipe: Is Liability At Source or Point of Blockage?

WastePipe

Hi There,

I work out of an office on a parade of shops which have residential flats above them.

My Neighbour above me has recently notified me that our Waste Pipe is blocked (admittedly due to his waste), although it is unknown if there has been negligent use.

The Waste Pipe comes down from his property (which is currently flooding outside his house) through mine and then in to the ground.

My Neighbour has tried to remedy the blockage but has discovered that the blockage has travelled beyond his reach into my proportion of the pipework.

I have spoken to our Landlord with regards to the Law surrounding drainage and I am fully aware of Section 11 & 12 of The Landlord and Tenant Act 1985 but I am currently awaiting a copy our our Agreement from Head Office.

My Question is this:

In the event that I find out that Drainage IS the Tenants responsibility; is the cost for the repair payable by the Tenant at source of the blockage or Tenant at point of blockage?

Brb

All depends on what caused the blockage.

Baby wipes etc = Tenant
Broken pipes/drains = LL

T should have informed their LL and LL sent drain bods round (either rod it or jet it). When they clear the blockage they usually find out what has caused it and then whoever responsible pays (well should be, sometimes LL pays then seeks recompense from T if T responsible, in my case I pay for everything and LL repays me). When jetting they either see and pull out baby wipes or don't get a specific roaring in the pipes when all is good with the structure.

WastePipe

Thanks for the speedy reply buuuuuut.... (as per my original post)

My Question is this:

In the event that I find out that Drainage IS the Tenants responsibility; is the cost for the repair payable by the Tenant at source of the blockage or Tenant at point of blockage?

Thanks

G_M

It's not a yes/no question.
By 'tenant' I'm guessing you mean owner of the respective leases (flat Vs office) rather than short term (AST) tenant residing in leaseholder's flat.

So you need to look at the repairing obligations section of the lease.

IF you mean AST tenant (which is what brb assumed I think), then it depends on the responsibility. If the upstairs tenant caused the blockage (ie with nappies), then he's responsible wherever the blockage occurs.

Actually this negligence aspect might be relevant in the former scenario too.
a) depends what lease says and
b) depends who/what caused the problem

Brb

G_M wrote: »

IF you mean AST tenant (which is what brb assumed I think), then it depends on the responsibility. If the upstairs tenant caused the blockage (ie with nappies), then he's responsible wherever the blockage occurs.

Actually this negligence aspect might be relevant in the former scenario too.
a) depends what lease says and
b) depends who/what caused the problem

I need to stop assuming things.

WastePipe

Brb wrote: »

G_M wrote: »

It's not a yes/no question.
By 'tenant' I'm guessing you mean owner of the respective leases (flat Vs office) rather than short term (AST) tenant residing in leaseholder's flat.

So you need to look at the repairing obligations section of the lease.

IF you mean AST tenant (which is what brb assumed I think), then it depends on the responsibility. If the upstairs tenant caused the blockage (ie with nappies), then he's responsible wherever the blockage occurs.

Actually this negligence aspect might be relevant in the former scenario too.
a) depends what lease says and
b) depends who/what caused the problem

I need to stop assuming things.

Sorry, I should have made that clear.

Thank you both.

££sc££

I assume you and your neighbour have the same freeholder? As it's a shared waste pipe, it's likely to be freeholder's responsibility, depending on terms of the leases. Cost would then be recovered from leaseholders through service charge. If it was found to be one leaseholder's (or their tenant's) fault, e.g. babywipes, then just they could be charged.