Max Timeframe for Invoicing

eddddy

GoldenArbs said:

Council cleared a shared drain between my privately owned and their council owned house. That was in March 2024 and they've just sent me my half of the bill today.

What did you agree with the council about unblocking the drain?


Normally, if you share a drain with your neighbour (the council) which becomes blocked - you and your neighbour (the council) would discuss it, and reach an agreement on what to do about it.

So, for example...

• Did you discuss the blocked drain with the council?
• Did you jointly agree that the council (or their contractors) would clear it?
• Did you agree to split the cost?
• Did you agree on what the cost would be?

Or, for example...

• Is your house leasehold, the council is the freeholder - and your lease says the council must maintain the drain, and you must contribute 50% of the cost, or 

• Is your house freehold - but you have signed a deed of covenant agreeing that the council will maintain the drain and you will contribute 50% of the cost

(FWIW, if the charge results from a lease or freehold deed, the time limit is 12 years, not 6 years. But there is also an '18 month limitation' rule for leasehold service charges, which might be relevant)

GoldenArbs

the_lunatic_is_in_my_head said:

If this is covered by the Consumer Rights Act then the below applies

https://www.legislation.gov.uk/ukpga/2015/15/section/51

(1)This section applies to a contract to supply a service if—

(a)the consumer has not paid a price or other consideration for the service,

(b)the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and

(c)anything that is to be treated under section 50 as included in the contract does not fix a price or other consideration either.

(2)In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

(3)What is a reasonable price is a question of fact.

If it was an emergency then £700 may be reasonable, if it wasn't it sounds steep to me but the council have probably just gone to a big provider who charge the Earth rather than spending time seeking a competitive quote. Might also depend on the exact nature of the problem, flushing out some baby wipes is a bit different to a drain blocked with tree roots. 

The question is whether are bound to pay anything, I'm not sue on that and would raise a complaint with the council (complaints process is on their website) to question their legal authority to issue the invoice.  

Worth noting responsibility for shared drains appears to vary by region. 

Thanks yeah, if that is covered by that section then £350, or half of which, would be 'reasonable' no doubt

GoldenArbs

Arunmor said:

Who says they employed a plumber?  Could easily have been a council employee.

What was the cause of the blockage?  If for example the neighbours have a baby and are flushing wet wipes and the blocked it, or tree roots from council ground etc I'd be keen to know.

Blockage was caused by nothing in particular, some food particles, some dirt, some slugs. I've since bought a long large plumber's plunger to clear it myself from time to time.

GoldenArbs

eddddy said:

What did you agree with the council about unblocking the drain?


Normally, if you share a drain with your neighbour (the council) which becomes blocked - you and your neighbour (the council) would discuss it, and reach an agreement on what to do about it.

So, for example...

• Did you discuss the blocked drain with the council?
• Did you jointly agree that the council (or their contractors) would clear it?
• Did you agree to split the cost?
• Did you agree on what the cost would be?

It was a half emergency. Blocked drain was causing gross waste water to spill over and run into my back garden. Mostly output from 2 kitchens (mine and the neighbours).

I contacted via phone to see if the council would like to unblock it. The unhelpful council lady on the phone told me that the drain had nothing to do with the council owed property as the waste water was draining into my garden. Terrible logical from someone who was clearly having an 'off' day.

Peeved and getting no sense from the phone call, I emailed the council, acknowledging that we had a shared responsibility for the drain and instructing them to visit their property and perform maintenance on the drain.

They emailed back saying that an emergency plumber was being sent out and that the service may have a shared cost.

Sounds like everything is above board and I'll pay the bill. Live n learn. Next time I'll arrange my own contractor.

Okell

GoldenArbs said:

eddddy said:

What did you agree with the council about unblocking the drain?


Normally, if you share a drain with your neighbour (the council) which becomes blocked - you and your neighbour (the council) would discuss it, and reach an agreement on what to do about it.

So, for example...

• Did you discuss the blocked drain with the council?
• Did you jointly agree that the council (or their contractors) would clear it?
• Did you agree to split the cost?
• Did you agree on what the cost would be?

... Next time I'll arrange my own contractor.

As others have said, if it's a shared drain it's quite possible that it's your water company's responsibility to fix it for free.  Check their website.

I had to call out my water company to replace a drain cover last December and it was done within 12 hours.

If you find the water company could have done it for free, you could try asking the council why they paid to clear it