Tenant responsible for drains?

darkcelt

I've just noticed in my tenancy agreement a special note saying that we are responsible for the drains. As our neighbour says that there are tree roots dangerously close to the drains, we are a bit worried. On contacting the estate agents, they say we should get insurance, but I've hit a brick wall here - the companies insist you can only get emergency cover insurance if you're the home-owner. Has anyone experienced this, and can they recommend an insurance company?

jjlandlord

They cannot make you liable for this kind of damage or repair to drains.

But they can make you responsible for unblocking them if they get clogged.

EmmyLou30

I imagine that clause refers to unblocking of drains due to missuse, like idiots who pour fat down the drain, or flush baby wipes and the like. No reason a landlord should have to pay to fix a problem caused by his tenants, that wouldn't be very fair on him. The root damage to a drain would be entirely the landlords problem though, not yours.

DT12

The drains referred to in this instance would be the drains from your sinks/bath/showers; ensuring that you maintain them properly and don't allow them to be clogged up with hair/food.

It does not refer to drains under the house to the street etc. that might be damaged by a neighbouring tree...

darkcelt

Thank you everyone, you have set my mind at rest.

jjlandlord

DT12 wrote: »

The drains referred to in this instance would be the drains from your sinks/bath/showers; ensuring that you maintain them properly and don't allow them to be clogged up with hair/food.

It does not refer to drains under the house to the street etc. that might be damaged by a neighbouring tree...

A drain is a drain, and the tenant would be responsible for unclogging any drain that he caused to get clogged.

Out,_Vile_Jelly

jjlandlord wrote: »

A drain is a drain, and the tenant would be responsible for unclogging any drain that he caused to get clogged.

What the tenant is responsible for: the items flushed down the pipes from within the property.

What they cannot be responsible for: the root growth of nearby trees.

OP- just be super careful with your plumbing. I'd have thought everyone knows not to flush baby wipes/cooking fat etc but given what you read about fatbergs under London, seemingly this is not the case.

DT12

jjlandlord wrote: »

A drain is a drain, and the tenant would be responsible for unclogging any drain that he caused to get clogged.

But the OP is not talking about clogging drains, he is talking about trees damaging drains. Which is not the tenant's responsibility...

theartfullodger

Landlord is responsible: End of.

But landlord is at liberty to sue tenant if he sees fit &, depending on evidence, may or may not win. Ditto deposit adjudication for it.

(cf I cannot prevent my neighbour for suing me for wearing an inappropriate hat, but he may not win).

jjlandlord

Out,_Vile_Jelly wrote: »

What they cannot be responsible for: the root growth of nearby trees.

DT12 wrote: »

But the OP is not talking about clogging drains, he is talking about trees damaging drains. Which is not the tenant's responsibility...

I have already replied on that issue.

My previous post was to highlight that all drains are the same, contrary to the claim of the contrary.

whalster

You will be responsible as has been said by some above for blockage , it comes within keeping the property in a tenant like manner .
If however the drain condition is causing the blockage then it would be the landlords problem to sort out

Tenants should also bear in mind this time of year they are responsible for cleaning leaves etc from guttering and fall pipes .
One again this does not normaly apply in flats which are leasehold and a management company would be responsible under managment contract.