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Blocked sewer - who pays


Mortitia

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This should be straightforwards but I need some tactical advice.

My uncle is a regulated tenant and lived in his flat since 1962.  His latest landlord is not making a deal out of him. Never had any drain issues before

Last week he suspected that a sewer pipe was blocked as he was getting bubbles come into the clean water in the loo.  I asked the new owner of the upstairs flat (they share sewer and soil pipe) if he would lift the manhole cover in the back garden and take a look.  He came back pretty quickly saying there was no blockage.  During the next week uncle called his landlord with the tale.  They sent out plumber and drain clearing company who allegedly cleared the drain and sent a bill for £280 to the freeholder (that's me) saying it is my problem.

Nice try but I know there was no fault with the drains (so it is not my problem) but someone had put something down there to cause a blockage.  The upstairs flat is favourite as they have been in around 9 months and have a baby. (I'm thinking wet wipes, disposable nappies.)

I have emailed upstairs pointing out the obvious but am getting no reply.

What would you do next?

 

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Tricky question that Mortitia.    Like all mysteries you need proof so you need a couple of soggy nappies blocking the drain for evidence.

You will probably have to cough up the money but it would be in your interest to warn the the upper flat of the consequences of putting material down the WC. If it happens again tell them you will extract whatever is causing any blockage to determine the cause because you have proof it is not your Uncle putting items down the WC.

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I still don't see the bill being down to me.  Surely it should be split between upper and lower flats but I was keen to pin it on the newcomer as it is likely to be his waste?  Drain clearance did not reveal any specific item.

I provide good drains as freeholder and tenants block it up.

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I help manage an estate of properties covering a large area so there are lots and lots of sewers. We occasionally get situations with blockages, usually a few times a year

We always use the same company.....I think it's dyno rod and always ask, when booking them to identify the cause of the problem. This means that inside of just shifting the blockage and flushing it thru they use a camera on the end of the rod to see what the problem is first.

Occasionally it turns out to be a collapsed or squashed drain pipe/ joint. This happens frequently if there are sizeable trees in the vicinity.

This info won't help you this time but if it happens again follow the above.

In our area the local sewerage company 'Anglian Water' adopted all the sewers a certain distance from the properties a few years back so, calling them first can save a load of money.

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The way I see it is you are the freeholder so it is your responsibility to maintain the building but it is the leaseholders who pay for it via the service charge. (unless the lease dictates otherwise).

So it doesn't matter if it was a blocked drain or collapsed drain the bill filters down anyway.

But it maybe of use for future reference knowing what the cause was. So you could call the drain contractor to say you will pay the bill when you get detailed replacement invoice confirming the drain is in good order and the blockage was caused by xyz. If you can get that info it maybe a stick to beat someone with.

 

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