Is a blocked toilet the landlord’s responsibility?

Having a blocked toilet is never fun, especially when it is your responsibility to unblock it. But, is a blocked toilet the landlord’s responsibility? With being a landlord comes the responsibility of making sure your tenants have a drainage system that works. Blocked toilets can cause a large amount of damage, including: 

• Overflow and flooding, causing water damage
• The pipe bursts from the backed-up pressure 
• Mould and mildew
• Weakened structures
• Health issues, such as disease transmission and pest infestations

As a landlord, it is your responsibility to ensure your tenants are living in a property that is habitable and safe. So, to answer the question, a landlord is responsible for fixing the toilet for a tenant. 

Legal framework

There are a few legal frameworks that govern the responsibilities of both landlords and tenants, for example: 

• Landlord and Tenant Act 1985: emphasises the general obligation for landlords to maintain essential plumbing in a rental property and also states that the landlord needs to ensure the property is always habitable. 
• Homes (Fitness for Human Habitation) Act 2018: also highlights a landlord’s responsibility for ensuring the rental property is safe and fit for habitation, including functional plumbing.

Let’s expand on this. The Landlord and Tenant Act 1985 states that landlords are required to keep the installations that supply water, gas, and electricity in good working order. So, the landlord is responsible for fixing a blocked toilet. This is if the toilet becomes blocked due to fair wear and tear, or if there is a structural issue with the building that occurred before the tenant moved into the building, or that is not due to anything the tenant has done. It is necessary, however, to ensure that the property is in good working order before the tenant moves in and throughout the entire tenancy. It is always in your best interest to keep your tenants comfortable in their living space. 

However, it is also the responsibility of your tenants to contribute towards the comfort and safety of the property, too. This includes tenants getting in contact with you as soon as they are aware of any damages, such as a blocked toilet. Let’s take a closer look at a tenant’s responsibility when it comes to blocked toilets. 

Let’s take a closer look at a tenant’s responsibility when it comes to blocked toilets. 

Tenant responsibilities

As much as you are responsible for ensuring the drainage system in your rental property is in good working order, there are also times when tenants may be held responsible for toilet blockages. For example, if your tenants are misusing the toilet by flushing inappropriate items down (like wipes or sanitary products). 

But, who pays for the blocked toilet, the landlord or the tenant? In this instance, you will be within your rights as the landlord to ask your tenants to pay for repairs.  The only time you will be expected to pay for toilet repairs is for fair wear and tear and any structural issues. 

Preventing disputes

There are ways to prevent disputes with your tenants over blocked toilets, with one of them being to ensure there’s clear communication between you and the tenant. Emphasising this in your tenancy agreement is an effective way to implement this. 

Define both your and the tenant’s responsibilities in your tenancy agreement regarding maintenance and repairs, which should also include the issue of blocked toilets, clearly outlining who is responsible for what to avoid any future disputes or confusion. 

Best practices for landlords

As a landlord, you should be conducting regular maintenance checks, which include looking at the plumbing, to prevent issues from arising. 

This way, you’ll be able to keep on top of any maintenance work that needs to be done and can ensure the toilet is fixed within a reasonable time frame. The same goes for when a tenant reports any issues to you themselves.    

Best practices for tenants

As mentioned above, tenants also have a part to play in ensuring that toilets don’t get clogged. Tenants need to use toilets responsibly and need to avoid flushing non-flushable items down the toilet. This is the easiest way to make sure that the plumbing works in your rental property. 

As mentioned above, if there is an issue, however, tenants should report this to you, as the landlord, as soon as possible. Ensure that tenants feel comfortable enough to do this by fostering open communication. 

How to tell if your toilet is blocked

There are a few ways you can tell if the toilet in your rental property is blocked. So, if a tenant contacts you to report a blocked toilet, you can ask them if any of the following is happening: 

• Slow drainage: Is the water taking a long time to drain after the toilet has been flushed?
• Rising water: if the water in the toilet bowl rises and doesn’t drain at all
• Gurgling sounds: When air is trapped in the pipes, it pushes up through the system, which results in gurgling noises
• Foul odour: If there is a persistent or unusual smell coming from the toilet
• Water backing up: If water starts backing up into other fixtures like sinks or tubs, it could indicate a clog further down the drain pipe

Alternatively, you could go to the property yourself to investigate the issue. This way, you’ll have a better idea of how big the problem is and how urgently you need to get the blocked toilet fixed. 

So, it is clear to see that a blocked toilet is a landlord’s responsibility and that repairing a blocked toilet is of utmost importance, whether it is your responsibility or your tenant’s. This way, you can ensure that there is no further damage caused. Be sure to implement routine inspections to keep on top of any blocked toilets and make sure that your tenants are able to report any issues directly to you as soon as possible. 

Make sure that you take care of your property by investing in landlord insurance. At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. You can also visit our advice centre to find out more about repairs and maintenance. Contact us today on 01788 818 670 for a quote.