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Drain dispute

Hi all,

I'm after a bit of advise on where I stand.
Last month we had drain block in the house we are renting. We spoke to the landlady who called a drain company out to clear the drain. The drain company found block was further on down the drain. Which is a shared drain with about 5 or 6 houses on. They could not clear this and asked me to phone thames water. I called Thames who came out the next day and cleared the blockage. They could not determine which house has caused the blockage but my house and two neighbours drains were blocked. As far as I was aware that was it,all fixed. Now I just received an invoice from the landlady for bill of the original drain company she called out. Suppose my question is it my responsibility to pay? She should of been aware it was a shared drain and to call Thames water whom cleared it for free. Also it can't be proven who's caused this block.

Hope all that makes sense.

Thanks
Allen
«13

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    No?


    You didn't contract with the company to come check the drains, it's her bill. Whether she think you owe is a different matter - best discussed over tea and cake
  • Mossfarr
    Mossfarr Posts: 530 Forumite
    Ninth Anniversary Combo Breaker Hung up my suit!
    you are not responsible for paying this invoice.
    You would only be responsible if there was absolute proof that the blockage was a direct result of your action - such as pouring fat down the drain.
    Tell your landlord (in writing) that it is not your responsibility and you will not be paying it.
  • Aharris047
    Aharris047 Posts: 19 Forumite
    OK thank you so much for your quick replies. Is there any legislation I can refer them to? I'm waiting on a response back from the estate agents.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Aharris047 wrote: »
    OK thank you so much for your quick replies. Is there any legislation I can refer them to? I'm waiting on a response back from the estate agents.



    Id refer to your tenancy agreement, which will no doubt state the landlords responsibilities
  • Aharris047
    Aharris047 Posts: 19 Forumite
    OK I will double check that now. Cheers everyone
  • danslenoir
    danslenoir Posts: 220 Forumite
    Your landlord is taking liberties.

    Tell her to do one.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    danslenoir wrote: »
    Your landlord is taking liberties.

    Tell her to do one.

    Nicely, or you may be evicted
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Did you speak directly to the landlady and she booked it? Or did the letting agent deal with it and send her a bill unnecessarily which she is hoping to avoid?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Hoploz wrote: »
    Did you speak directly to the landlady and she booked it? Or did the letting agent deal with it and send her a bill unnecessarily which she is hoping to avoid?

    Irrelevant from the OPs point of view


    Agent and Landlord in such cases are interchangeable
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 14 April 2016 at 2:23PM
    Landlord & Tenant Act 1985
    11 Repairing obligations in short leases.

    (1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

    (a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

    (b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity),
    However, if the landlord can prove that you acted in an untenant-like manner and were thus responsible for the blockage, either deliberately or accidentally, then you can be held responsible and charged for the associated costs.

    So if the blockage, for instance, was caused by sanitory towels, and those towels can be proven to have come from you, that would be 'untenant-like behavior'.

    Does the LL have any such evidence?
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