Blockage responsibility

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    Blockage responsibility

    Hi all

    if there is a sink or toilet blockage caused by the tenants. Who is responsible for payment to resolve this

    many thanks

    #2
    This is one of those grey areas, if you want a maintain a good relationship with the tenant, then pay for it to be done, or negotiate 50/50. If it happens again then charge them. Also if the property is a HMO it will be hard to identify which tenant caused it.

    If you hire someone to sort it out and they find out the root cause is, then you may have a chance to claim the money from the tenant for it.

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      #3
      If caused by the tenants and not due to an integral fault with the plumbing then clearance of the blockage is down to the tenant. However I normally attend as ll as well and advise about avoiding disposal of tampons and sanitary towels, cotton buds and wipes down the toilet. All big culprits of blockages.

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        #4
        Originally posted by hsa1 View Post
        if there is a sink or toilet blockage caused by the tenants. Who is responsible for payment to resolve this
        Lord Denning no less answered that very question: The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, where necessary, and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do the little jobs about the place which a reasonable tenant would do.

        Note that it says "his" waste. There is no obligation to unblock a sink blocked by the previous occupier's waste. Further, as Jonn66 suggests, it is implicit that the rule only applies if the plumbing is sound. The rule is of course negated if the terms of the tenancy impose the obligation on the landlord.

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          #5
          I would argue that if the blockage occurs through normal use then the landlord should pay as he has a responsibility to maintain the sewage system. If the blockage is due to unreasonable use by the tenant then he should pay.

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            #6
            Originally posted by davett View Post
            I would argue that if the blockage occurs through normal use then the landlord should pay as he has a responsibility to maintain the sewage system. If the blockage is due to unreasonable use by the tenant then he should pay.
            A counter argument to that is that a prudent tenant, rather than waiting for the sink to become blocked, takes steps to ensure it does not become blocked by using a drain cleaning preparation at regular intervals.

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              #7
              Originally posted by davett View Post
              I would argue that if the blockage occurs through normal use then the landlord should pay as he has a responsibility to maintain the sewage system. If the blockage is due to unreasonable use by the tenant then he should pay.
              If the blockage is in the underground sewage system it can be caused by roots or some damage to the sewer. But that kind of blockage is usually downstream.

              A sink drain or toilet is almost impossible to block with "normal" use.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by jpkeates View Post

                A sink drain or toilet is almost impossible to block with "normal" use.
                I owned a house where in the downstairs loo the idiot builder had made the flow need to turn through 270 degrees over a sharp bend. It would regularly block from normal use.


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                  #9
                  Originally posted by davett View Post

                  I owned a house where in the downstairs loo the idiot builder had made the flow need to turn through 270 degrees over a sharp bend. It would regularly block from normal use.

                  Jon66 has already covered that circumstance when he said "...and not due to an integral fault with the plumbing"

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                    #10
                    Originally posted by davett View Post
                    I owned a house where in the downstairs loo the idiot builder had made the flow need to turn through 270 degrees over a sharp bend. It would regularly block from normal use.
                    That blockage was caused by a design fault, not by normal use.
                    In the same way that roots growing into a sewer would be the cause of a blockage, not the stuff that actually formed the blockage.

                    If you were letting your property with the sharp turn in the pipes, there wouldn't be a dispute about who would pay for the drains to be cleared.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      My point was that from the tenant's point of view, normal use in that house would result in a blockage. Given that most builders these days use the cheapest rubbish they can get away with, as a tenant if the drains repeatedly block through what I consider to be normal use, I'd be looking to see what is wrong with them.

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                        #12
                        So would I.
                        But, that requires inferring a recurring issue into the original question.

                        I've can only recall one time a tenant's drain block (that I was involved in) wasn't caused by flushing something inappropriate and that was caused by a neighbour doing the flushing.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment

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