Landlord Refusing To Pay For External Drains Issue/Callout

Jay_C

I had an issue with blocked showers, toilets throughout a 3 storey house which i reported to the agent. They stated that they were happy to send a contractor out but IF was found to be due to tenant then the charges were to be passed on.

I therefore decided to call my own engineer out to have the issue resolved. The issue found was due to blocked shared external drain, with further investigation (speaking to neighbours) found to be a common occurrence on the estate. There is also a sinking fund that homeowners provide to the management company to look into such issues.

I have had to continuously chase the agent for an update and they have now come back to say that the landlord is not prepared to cover your callout costs as the management company was already investigating. 

Any thoughts on how to go about this as not only was there some real difficulty in even being able to use the facilities without flooding occurring, I thought external drains is landlord responsibility?

Thank you

Section62

Jay_C said:

I had an issue with blocked showers, toilets throughout a 3 storey house which i reported to the agent. They stated that they were happy to send a contractor out but IF was found to be due to tenant then the charges were to be passed on.

I therefore decided to call my own engineer out to have the issue resolved. The issue found was due to blocked shared external drain, with further investigation (speaking to neighbours) found to be a common occurrence on the estate. There is also a sinking fund that homeowners provide to the management company to look into such issues.

I have had to continuously chase the agent for an update and they have now come back to say that the landlord is not prepared to cover your callout costs as the management company was already investigating. 

Any thoughts on how to go about this as not only was there some real difficulty in even being able to use the facilities without flooding occurring, I thought external drains is landlord responsibility?

If the drain is shared with another property then since 2011 it is probably the water company's responsibility.

Who else uses the drain at the point where it blocked?

Mr.Generous

So you paid someone to find out it wasn't your fault and the landlord should pay? Rather than chase the management company who collect money to deal with such issues you chased the agent? I'd say no chance of getting the money from the landlord, but then I would say that.

Who threw wipes down the loo in the first place? One of the homes who shares the drain (likely) or the landlord (unlikely)?

It's always wipes or nappy's according to a neighbor who works for United Utilities - large North West water company.

theartfullodger

Did you inform or even agree with landlord it agent that you expected them to pay your costs ?  Anything in writing/email.

Shelter used to have a process for tenant fixing with landlord being charged but it was detailed and non-trivial.
https://england.shelter.org.uk/housing_advice/repairs/withholding_rent_for_repairs

Which country? (Wales.. NI....)?  Laws vary.

saajan_12

Jay_C said:

I had an issue with blocked showers, toilets throughout a 3 storey house which i reported to the agent. They stated that they were happy to send a contractor out but IF was found to be due to tenant then the charges were to be passed on.

I therefore decided to call my own engineer out to have the issue resolved. The issue found was due to blocked shared external drain, with further investigation (speaking to neighbours) found to be a common occurrence on the estate. There is also a sinking fund that homeowners provide to the management company to look into such issues.

I have had to continuously chase the agent for an update and they have now come back to say that the landlord is not prepared to cover your callout costs as the management company was already investigating. 

Any thoughts on how to go about this as not only was there some real difficulty in even being able to use the facilities without flooding occurring, I thought external drains is landlord responsibility?

Thank you

If this was a LL repair issue then its their responsibility to sort out, using their choice of tradesperson. As the tenant you can't just take matters into your own hands and expect the LL to reimburse (unless the LL failed to repair for an extended period which you don't mention). 

Sounds like they're right. 

rustybloke425

Mr.Generous said:

It's always wipes or nappy's according to a neighbor who works for United Utilities - large North West water company.

Nappies?? How the hell do people manage to flush a nappy? Modern toilets barely manage toilet roll. 

deannagone

I rented a property, external drains blocked.  It wasn't your LL's responsibility as already said.  I'm afraid you didn't investigate enough beforehand.  In my case I asked the neighbours who said they were shared external drains and as you found out, they blocked frequently) and water authority had responsibility to clear.  Phoned water company to confirm.  Took two weeks but they did come round and unblocked the drains free of charge. It wasnt pleasant waiting but had no choice.

Before taking action yourself, you needed confirmation the LL would take responsibility for paying for the repair, which from the sounds of it you didn't have before calling your own plumber.

MEM62

Jay_C said:

I therefore decided to call my own engineer out to have the issue resolved. 

Sorry @Jay_C but down to you. You incurred the cost instead of waiting for the landlord and his agents to sort it.  It is not for the landlord to bear costs for work that you instructed.    

Jay_C

Thank you for the responses. I did incur the cost and took the matter in own hands based on the below that the agent stated (as well as having 3 blocked toilets) I also tried to call the water board who came out to say they do not actually have any responsibility for the estate, it was never registered with them (that is when then found out from neighbours it is to do with estate management company (surprised Letting agent did not mention any of this)

Interior wastes for showers and bathrooms during a tenancy are a tenant responsibility, I am happy to arrange a drainage engineer but the call out charge at £156.00 +VAT would be your liability.

This was received on 25/10, and it was not until 04-12 that I received the following below

Just a quick update, I managed to speak to Encore Estates and they have appointed a drainage company to investigate and resolve the issues with the drains on the estate.

My question is what is deemed resolving something like external drain blockages affecting the ability to live and fall within the fitness for human habitation act 2018?

Section62

Jay_C said:

...I also tried to call the water board who came out to say they do not actually have any responsibility for the estate, it was never registered with them (that is when then found out from neighbours it is to do with estate management company (surprised Letting agent did not mention any of this)

...

Roughly when was the estate built - before or after 2011?

dinosaur66

i have never had a rental with a management company

as far as i am aware that is what the service charge covers

not sure if that is the case the landlord would be able to sort the problem himself

when mine get blocked most of the time it is either wipes or build up of fat by neighbours not wiping there frying pans free of cooking oil before washing them

over time this buids up and forms a hardened lip and causes a blockage

a large screwdriver and crowbar to pry the drain cover off and a few plunges with some drain rods once you track the opening and it frees the blockage if it is simple and just at the opening 

if further in then it is phone call to the water company

mine charges £120