Drain dispute

eddddy

In theory, if you gave the landlady incorrect information (e.g. you said the blockage was in unshared section, but in fact it was in the shared section)...

... the landlady could argue that you were negligent - and so you are liable for her consequential losses. (i.e. the drainage firm's fee.)


Or, for example, if you actually instructed your landlady to send out a drainage company (i.e. it was your decision and not hers), she would have a stronger case.


But if you simply said that the drain was blocked, and your landlady chose to call out the drainage company - that's more likely to be her problem.

Aharris047

Sorry just seen the replies. I called the landlady directly and she booked them.

Also she has no proof of what's caused the blockage. The drain company could say what's caused it and Thames water just cleared and left. They had to enter another property a few doors down to clear it.

Aharris047

We called her and said our out side drain was blocked. She choose to call the drain company. I tried to clear my self with a cheap drain snake but no luck

G_M

Aharris047 wrote: »

We called her and said our out side drain was blocked. She choose to call the drain company. I tried to clear my self with a cheap drain snake but no luck

Oops!

She therefore relied on your misinformation to pay for a private drain company.

Had you not specified where the blockage was, she could/would have called Thames Water first (no cost to her), and only paid a private firm if TW had identifies the problem as being within the boundary of the property.

You have weakened your position. Did you report the problem to her verbally or in writing?

Aharris047

We told her verbally that the outside drain was blocked. Now surley its up to her to check before calling anyone. How else can you report a problem to her without explaining where the block is.

Aharris047

All I can do is inform her where the block is. I don't see how that is miss information. I'm not a trained drainage person. I don't know the lay out of the drain pipes of her property . surely that is up to her to find out?

Heliflyguy

Have to agree, the LL should know the drain is shared and the Tenant can only report that the drain to the property is blocked.

G_M

You (apparantly) said:

"our out side drain was blocked."

That implies to me you have (somehow) established it is the house drain that is blocked, not the public drain.

For example, you might have lifted a manhole cover and found the location of the block.

Granted, were I the LL, I would have quizzed you further or inspected myself before calling out the private company, but as I said "You have weakened your position."

I did not say your postion was untenable.

Aharris047

G_M wrote: »

Oops!

She therefore relied on your misinformation to pay for a private drain company.

Had you not specified where the blockage was, she could/would have called Thames Water first (no cost to her), and only paid a private firm if TW had identifies the problem as being within the boundary of the property.

You have weakened your position. Did you report the problem to her verbally or in writing?

I understand were your coming from. But if you got waste water to any outside drain not clearing what should I have told her. To the logical response is the drain is blocked somewhere.

Aharris047

Also if she is aware that the property is a shared drain with other houses , she should take that in to account be fore calling anyone out