Private Rent - Who pays for a blocked toilet?

gibbs1984

Hi,

I've been privately renting from my landlord for 5 years and never had any issues before apart from blocked pipes occasionally when using the sink or bath, a plumber put this down to the pipes having to travel a long way and not pointing downwards enough to clear whatever goes down the bath, like hair etc, poor design in other words.

Now recently my toilet blocked completely, I notified the landlord as soon as it happened and they called out a plumber within about 4 hours.

The plumber fixed the problem in about 30 minutes, when I asked him what the issue was he said that it was just normal waste, nothing that shouldn't be down there.

He said that the system they had installed was too small and didn't have enough power to push the stuff through the pipes so over time it would get blocked. He told the landlord this whilst on the phone standing next to me. He told me to flush the toilet once a day even if not using it just to keep the waste flowing.

He also said the tank thing (sorry not very knowledgeable with this) above the toilet was overflowing which I think caused it to not refill very quickly.

Anyway, the landlord text me today saying that they had spoken to the Residential Landlord Association who says the landlord is not responsible for a blocked toilet.

They have paid the plumber and want me to reimburse them the £70 it cost for 1 hours fee, the money doesn't bother me but it's the principle.

Who is responsible to pay for this?

According to this link I found online the landlord is responsible for plumbing as long as there's no misuse, personally I wouldn't call toilet paper and natural bodily waste as misuse.

.nidirect.gov.uk/articles/landlord-and-tenant-responsibilities

(Sorry not allowed to post links yet, just add www to the beginning)

Plumbing

The landlord is responsible for:

• clearing blocked sewers, drains and external waste pipes other than gullies and waste pipes blocked through tenant misuse
• boilers and hot water cylinders
• pipe work, radiators, fittings and valves

The tenant is responsible for:

• stoppers and chains for baths, sinks and basins
• replacement of wash basins, toilet bowls and toilet seats (except where damaged or discoloured through wear and tear or by faulty installation)
• replacement of baths, sinks and drainers (except where damaged or discoloured through wear and tear or by faulty installation)

00ec25

are you in Northern Ireland since that link is to their rules?

gibbs1984

Oh, sorry didn't check that. No I'm in Hertfordshire, England.

Lioness_Twinkletoes

I'm in social housing and a blocked WC is considered tenant responsibility. That said, I had a serious blockage of the main drain and the HA arranged and paid for that. It was affecting a number of residents though.

bxboards

Eat smaller meals in future.

Too be honest the only reason for a loo to block is doing massive logs, chucking down wet wipes, nappies etc. Most IMHO are likely to be tenant caused.

gibbs1984

I don't have kids and I'm male, I don't use wet wipes or nappies so it's most certainly not that. It's poo and toilet paper, I haven't used an excessive amount of either. The pipe should be able to cope with this.

LEJC

regular maintenance and flushing of the toilet should clear the problem,therefore I believe it's a tenant issue rather than the responsibility of the LL.....

It's a bit like gutters...they need clearing periodically and most tenancy agreements suggest it is the responsibility of the tenant.....same with window cleaning ....a build up of dirt on them isn't something that the LL is responsible for.

Whilst I understand you are frustrated with the pipework it presumably is adequate to flush away debris as it does does not block after every flush...so in my mind its a case of you ensuring things flow through by correctly operating the flush and using the work round the plumber suggested.

G_M

It is not as simple as 'bocked toilet - tenant responssibility'.

Like any repair, it depends on the cause.

Now in 99% of cases a blocked toilet is caused by tenants putting sanitary products, condoms, nappies, whatever down the loo. Clearly that is the tenant causing the blockage so they are responsible for the cost.

In this case it seems it is the size of the pipees and design of the pipe system that is the problem. That is clarly the landlord's responsibility.

However, I foresee the LL denying this, and it then becomes a question of proof. As you, the tenant, do not (I assume) have a written report from the plumber, you are dependant on his conversation to support your claim that the problem is the landlord's.

If you know the plumber and can get him to confirm what he said, ideally in writing, then the dispute will be clear-cut. If not:

"He said...."
"No, he told me......"
"But I heard him on the phone to you saying....."
"What he actually said was....."

G_M

LEJC wrote: »

regular maintenance and flushing of the toilet should clear the problem,therefore I believe it's a tenant issue rather than the responsibility of the LL.....

It's a bit like gutters...they need clearing periodically and most tenancy agreements suggest it is the responsibility of the tenant.....same with window cleaning ....a build up of dirt on them isn't something that the LL is responsible for.

Whilst I understand you are frustrated with the pipework it presumably is adequate to flush away debris as it does does not block after every flush...so in my mind its a case of you ensuring things flow through by correctly operating the flush

I disagree. Yes, gutters fill with leaves and need clearing and that's normal maintenance (though how many tenants actually do this???).

But a loo and drain should remove normal waste without a build-up causing a blockage. If the 'fall' of the pipes is insufficient, that is a design fault. Indeed, I believe Building Regultions specify the minimum fall, so it would be interesting to know if this drain complies. Though goodness knows how you find out!

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),

It's common for the pipe to be external - is it?

silvercar

He told me to flush the toilet once a day even if not using it just to keep the waste flowing.

I'm struggling with this. How come you don't need to flush the toilet at least once a day, doesn't sound like normal use to me.

m0bov

Unless the OP agreed to the call out charge, then I can't see how they can be billed for it. The LL must have agreed to pay before the call out.

I would say 99% its the tenant to deal with, but as has been said above, their is an inherent fault with the system.

You could look at the long term, maybe pay the £70, but tell the LL that if it happens again, you will obtain a report and if it shows the system is faulty, you will be claiming for expenses. The LL really should have found out about his responsibilities before agreeing to the call out.

Is your deposit protected? Smoke alarms? Gas inspections up to date?