Blocked drains in communal drains - who should pay

G_M

Clemnise wrote: »

We have signed a 12 month fixed term (ending Nov 2017) with a 6 month break clause. We have signed it, I do not know if the landlord has.
So I assume your current fixed term ends shortly or has recently ended?
Unless you have received a signed copy (by LL or agent) I would assume the new contract has not been set up.

So presuming that our fixed term contract is valid, I understand that the landlord cannot terminate the contract before the 6 month point (using S21).
Probbly though it depends on the precise wording of the Break Clause.
Though as said above, the new contract may not be in place in which case you are either
* still in your previous contract or
* now in a periodic (monthly/weekly) tenancy

However the landlord could take one to court to evict under S8
Ground 12 = Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Even IF (highly unlikely) the court agreed with the LL that you had breached the contract, it is even more unlikely the court would evict. Ground 12 is discretionary, and I can't see a court deciding a breach like this warrants eviction.

Which comes back to the grey area of the tenants responsibly to keep drains/ pipes etc clear and not misuse them.Which is fine when 1 property - 1 drain..

Without evidence linking you to the blockage, there is no way you can be held legally liable.

You may receive letters, threats, demands for payment etc (perhaps even from a soliitor) but ultimately if it went to court, the case would be thrown out unless the LL could prove you had personally caused the blockage.

So DO NOT sew your name onto your sanitary napkins and then flush them down the loo......

Your vulnerability is the tenancy renewal. If you are now (or soon) in a periodic tenancy, the LL can serve a S21 Notice without needing any reason.

However, that is costly in itself. The LL then has to pay to find a new tenant, plus lose rent for a month or 3 between tenants. How does that cost compare with the amount being claimed (and which clearly you do not owe)?

Clemnise

Great tip I don't put sanitary napkins down the loo anyway - I am a GOOD tenant!

Hmm, I might chase someone else at the agency for the contract then who is only there at the weekends. And hopefully bypass the one who hates me! That will help with the fear of suddenly being homeless.

Irritatingly i was the helpful person who pointed out to the agency that there were no fire alarms in the entire building. I could have got them into trouble for that - sigh..!

G_M

Clemnise wrote: »

Great tip I don't put sanitary napkins down the loo anyway - I am a GOOD tenant!

Glad to hear you're into recycling....

martindow

Have you spoken to other people in neighbouring flats? You mention that this is a recurring problem. May be there is history of tenants paying their shares of similar charges in the past, even if they were not obliged to.

Clemnise

Hi martindow - I am not sure if there have been similar problems in the past; it is recurring in the sense that the agency keep chasing for the money though.

Stupidly I did not speak with other tenants at the time which I should have done. I used to know everyone well, but they all left when the landlord decided to renovate aka charge them more money.

The irritating thing is that we didn't actually have any issues with our plumbing/ drainage personally (that I know of - although i still have no idea when the communal drainage problem actually occurred..) but the agency seem to think it is fine to charge us money because we MIGHT have problems in the future!