help with sewage and toilets!!!

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    help with sewage and toilets!!!

    Hi guys.

    I have lived in a rented terraced house for 18 months.
    We have always had problems with slow drainage and outside drains overflowing, when you empty the bath it gurgles up into the sink...the list goes on. We have informed my LL loads of times but she has never done anything about it.
    Earlier this year, around january, the problem in my utility room got so bad (its a not very well done "add on" to the house and as such has an outside drain in it) that after so many attempts of contacting my LL my husband had to drill a small hole in the bottom of the wall to let the water out from the utility room as it was so deep (dishwasher and washing machine water). Have 5 kids so not to use them wasnt an option, and LL wouldnt help. Have used drain rods and drain cleaner on them but to no avail.
    Anyway, got back from town thursday last week and went to the toilet. Water level on the loo appeared normal and didnt think anything wrong until i flushed it and the water rose straight to the top of the pan. Thought it was odd as it wasnt blocked at all. Phoned LL who, as normal responded by saying "ah, you've not got a loo...shame!" Friday morning phoned EH who came out and gave her a 48 hour notice to carry out the works. She arrived saturday, very unhappy screaming and shouting about the damage we've caused. After using drain rods, jets and everything to try an unblock the drains (she never once went upstairs to the toilet) she again came in shouting about how they've found 14 tampax and "literally hundreds" of sanitary towels down there. I explained to her that i do not and havent since renting her property used sanitary products (i'm on the implant and dont get periods) so dont understand how they got there. My only daughters are twins that are 3 so they have no need for them!!! She refused to carry on with the work, as she said they cant fix it and told me to phone the council monday and get them to deal with it, which i'm going to.
    She left piles and piles of raw sewage that she dug out all over my garden and even got the stuff form the front drains, traipsed it through my house and dumped it in the back garden and told me i've gotta get rid of it as its my waste. Is she allowed to do this?? I'm worried this is dangerous for my kids, one of which has serious asthma.
    How can I prove these sanitary products arent mine and how the hell did they get there in the first place!!??
    I still have no toilet, havent had since thursday and have got a 13 year old boy using a potty.
    What am i supposed to do?? I've somehow got to try to get to the council tomorrow to report this but tonight have a 3 year old little girl with a sickness bug (they always come at the wrong time!)
    There are so many problems with the house that theres too many to list and i'm trying to move just cant get the deposit money together, however, i cant live without a toilet and with the awful smell of all that sewage and waste all over the garden.
    Sorry its so long winded. Hopefully someone will have some ideas what i can do.
    Thanks
    sarah
    Last edited by boughtonsarah39; 26-04-2010, 01:33 AM. Reason: missed information out

    #2
    If the blockage was in a shared drain between properties then it could have easily come from one of them. In the case of blocked common drains it’s normal for all the properties to share the cost of clearing. Contact EH again and tell them what happened, and that given what was found you are not confident that it will not occur again.

    You say drainage has always been slow? Could the blockage have started with a pervious tenant?

    Take a look at this link as an example and the section ‘Whose responsibility are they’. Note that it says ‘Responsibility normally lies with your landlord’, if it can be shown that the blockage was down to you then the responsibility may be yours.

    http://www.sstaffs.gov.uk/default.aspx?page=12804

    This may also help

    http://www.clearawaydrainage.co.uk/faq.html
    I also post as Moderator2 when moderating

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      #3
      Between L and T: it's clearly L's responsibility. This is provided by s.11 of the Landlord and Tenant Act 1985,

      Between L and neighbours: maybe it's the neighbours' responsibility- depends on L's title deeds. However, as T you should ignore this; just go against L.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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