Drainage and blocked drains, who is responsible

Why it matters

Charging a tenant for a drain clearance without evidence of misuse is a deposit deduction that will fail at adjudication.

Legal requirements

• Landlords must keep drains and sanitary installations in repair.
• Lateral drains and sewers outside the boundary are normally the water company's responsibility.
• Tenants have a duty to use the property in a tenant like manner.
• Charges to tenants must reflect actual loss and be evidenced.

Common mistakes

• Paying for a clearance outside the boundary that the water company would have done free.
• Charging the tenant with no photograph or engineer note on the cause.
• Ignoring repeat blockages that indicate a collapsed section.
• Failing to give tenants any guidance on what must not go down the drain.

Practical guidance

• Call the water company first when the blockage may be beyond the boundary.
• Ask the engineer to record and photograph the cause on the invoice.
• Include a short do not flush list in the tenancy pack.
• Camera survey any drain that blocks twice in a year.

Where the boundary sits

Since the transfer of private sewers, the water company generally maintains lateral drains beyond the property boundary and shared sewers. Inside the boundary, serving only your property, the drain is yours. Before you instruct a private drainage firm, phone the water company and describe the location, because their attendance is usually free.

Charging the tenant fairly

If the engineer removes a mass of wipes from an internal soil stack, that is evidence of misuse and a reasonable recharge with a photograph and a written cause on the invoice. If the report says root ingress or a fallen section of pipe, it is yours regardless of how inconvenient it is. Never recharge on suspicion.