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Am I Responsible For These Drain Clearing Charges?

Started by PanicMania, July 26, 2019, 02:19:35 PM

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PanicMania

Hi all, I'm new here but I need some urgent advice.
I just received a letter from my letting agency asking for payment for clearing my blocked sewerage drains.

I've lived in the property for almost 3 years and have had to call the agency around 7 or 8 times to send someone to clear the drains out because they keep blocking over and over. The other 5 times they have blocked, I've cleared them myself with a lot of water and sticking my hand up the sewer pipe, which is absolutely awful to do and sometimes doesn't always work.

The last time the guy came to clear the drains out, he said to switch to a different brand of loo roll, however I've always switched the brand of loo roll I use, so I can try to pinpoint which one causes the least amount of blockage. I've tried everything from the thinnest and cheapest, to the thickest ply and most expensive and nothing has made a difference, the drains continue to block. I do not ever put anything down the loo that isn't supposed to be there and never would because it's simply common sense not to.
The letter from my estate agent reads:


'We have received the report from the drain company, they have advised now cleared but have however noted that it's due to the toilet paper used not breaking down. You advise you to move to an alternative brand. The drain company could advise you further.

Based on this information the bill is your liability not the landlords. Can you please arrange to make payment of £100 this can be payable to the agency or direct to the drain company direct, if you let me know who you wish to pay I can send over the relevant payment details.'


Does anyone know if I am responsible for this? My tenancy states I'm responsible for paying for this if I have caused the blockage through misuse which I fully understand, but how can I have misused it by putting toilet paper down it? All the times the drains have been cleared before, they have never asked for payment from me.

The drain man claims it's my fault (every time he comes to unblock the drains) and that I must be putting things down there but I'm not and hate being accused of it >:( I have previously lifted the lid off the sewer and had a family member flush the toilet to see what happens and I've noticed that I see a load of water come down but only a tiny amount of loo roll. It seems, for some reason, that the water isn't able to carry the paper or waste away with it but I don't know why. I've explained this to the agency and to the drain man but neither are interested in listening.

I just cant afford the £100 they're asking for but I also am really worried I will get in serious trouble for not paying them. I dont know what to do and I'm panicking about it. I'm also scared because I know they are going to block again no matter which toilet paper brand I use but I cant afford to pay to have the drains unblocked everytime and I cant always manage to clear the blockage myself.
Any help would be great thank you!

Mortimer

If you're in England or Wales (rather than Scotland or Northern Ireland), the law on this comes down to Lord Denning's ruling on using the property in a tenant-like manner.  Basically, it's your job to unblock sinks and the landlord's job to unblock drains, unless you've wilfully or negligently blocked the drain, which is not the case.

Immediately write to the lettings agent and tell them (a) that you do not accept responsibility for this bill and (b) you do not authorise them to make a deduction from your deposit.  Ask them to send an agent to come round and talk to you about it in person so you can show them.

Have a cup of tea with the person.  Then tell them everything you've written in that post up there, and on the basis of all this evidence, you're confident that the drainage man is wrong.

Ask them to ask the landlord to check his or her title deeds and drainage plans.  The drain is likely to be shared further down the pipe -- maybe quite close, if the property is a flat, or an older-style house -- so it's important to find out who else's leavings are being flushed down there and how far they're backing up.  The drain may have been penetrated by tree roots, which can potentially cause blockages quite a long way up from where the roots have gone in.

Ask them if your landlord's buildings insurance covers blocked drains.  (I suspect it does.  The £100 figure sounds rather a lot like a buildings insurance excess, but I suppose it could happen to be the true cost of clearing a blockage.)

Never again should you unblock a drain by hand.  Quite aside from the obvious unpleasantness and health risks, people put all kinds of chemicals in drains.  Consider spending £24.99 on a set of drainage rods from Screwfix.  Drain problems are common enough that every adult should own a set.

P.S. I've just thought about your post again and there's another possibility.  If the problem isn't actually about a drain, strictly, but about a blocked u-bend or pipe in your WC that's before the pipe exits the rear wall of your property, then please disregard what I've just told you.  In that case you'll need to post again with a bit more detail about the problem.

heavykarma

If you really are being truthful about not flushing other things down the loo ( I have had a tenant swear she did not,but she was lying) then I think the landlord should be getting a proper inspection carried out to ascertain what is really causing this.The brand of toilet paper should not make any difference either way with a correctly functioning drain.The environmental health dept.at the council may be able to advise you,or write to the agents on your behalf.