Am I liable? My Plasterer poured water down neighbours drian?

nobile

Hi

Just had a room plastered.

Seems as though the plasterer poured away some waste water in a drain in the lane - and its a bit 'sludgy' in there.

There was plenty of rubbish (crisp packaets/shopping bags, leaves etc etc etc) in there in the first place.

Although he didnt pour any plaster down the drain - the water may have contained some plaster residue.

The landlady has brought it to my attention - and says she will bring in a contractor to look at it and will get back to me. She is not happy, and seems eager to take this further.

Firstly - if the plasterer wont return to sort it out, or refuses to sort it out - am I liable?

Secondly - can the landlady pay for someone to clean it up and simply 'bill' me ?

I'm just an 'average' guy - no dealings with landlords or builders/polasters etc - this was just a one off. I just paid a guy to plaster a room - wasnt aware of where / how he did his job.

Much appreciated

hardpressed

Ask the CAB for advice, they're usually very helpfull

belfastgirl23

I'd ask the plasterer about it personally. Make him aware you've had a complaint, ask him whether there might be a problem. I'd also ask the landlady whether she thinks there is a problem (ie has she just seen the guy pour down the water and got worried or has she seen flooding etc), offer to clear the drain of rubbish in the meantime and say that if there is flooding or a problem after the next heavy rain then you or the plasterer will pay for someone to come and look at it. If it was your plasterer who did this and there is damage then it wouldn't be right for the other party to have to pay for it. Ideally it would be the plasterer and if not it would have to be you. I don't know if this is legally right but I do think it's the right thing to do.

nobile

My concern is that if the plasterer doesnt respond - then I will be held liable.

Legally, is that possible?

After all - I had a verbal agreement with the plasterer. He did the job and I paid him.

Can the landlady - make me pay?

She is getting a 'contractor' - and she will give me an estimated cost to 'clear out the drain'.

Its like when you have a minor bump in your car, and the insurance quote is £2,500, even though you know its going to be fixed in 30 mins for £100!

Karrie

why don't you ask nelly on the discussion board. He's a plasterer.

Dan_Thunder

My thoughts are that it would be the plasterer's responsibility. Your 'contract' was for him to do some plastering. Therefore, unless you agreed to deal with it, the onus for any materials disposal should be on them.

If this plaster flushed the stuff down your toilet and blocked it, wouldn't you insist they take responsibility for it?

Plus, if the stuff was poured down a drain in the back lane how can it be your responsibility? It wasn't done by you nor was it done on the property you occupy!

paddy's_mum

Dan Thunder sort of touched on my first thought about this. Who, exactly, owns the lane? Most lanes not in the ownership of the council don't have drains in place. Is it public highway?

pinkshoes

Seems as though the plasterer poured away some waste water in a drain in the lane - and its a bit 'sludgy' in there.

There was plenty of rubbish (crisp packaets/shopping bags, leaves etc etc etc) in there in the first place.

Sounds strange... If there was already crips packets etc... down the drain, then it seems unlikely that waste water would be the cause of this blockage. It could have been blocked already so when the water was poured down, it didn't drain away.

To bill you for this, surely they'd need to first prove that the waste water actually caused the blockage???

People wash their cars in the streets, and the manky water goes down the public drains.

stebiz

Have I missed something here??

You paid a plasterer to plaster a room, and you are a tenant? If that is the case I think she should be grateful to have a good tenant.

Is the drain on private land or council? Surely it just needs a quick rodding??

Stebiz

TheWaltons_3

stebiz wrote: »

Have I missed something here??

You paid a plasterer to plaster a room, and you are a tenant? If that is the case I think she should be grateful to have a good tenant.

Is the drain on private land or council? Surely it just needs a quick rodding??

Stebiz

:rotfl:

You're right there... cheeky cow!! She should be bloody grateful you've made her property look better...

nobile

I wasnt clear on a couple of things.

1) I live 3 doors away from the this lady's property

2) The drain is a regular 'street drain / gutter'

The water does seep away gradually - but you are right, there is so much rubbish in those public drains that there is no way the plasterer could have caused the blockage.