Who is responsible for blocked drains – the tenant or landlord?

The issue of blocked drains is a long-standing problem in the world of property and renting. Many people are unaware of who is responsible for a blocked drain; is it the tenant or the landlord? Here, we hope to shed some light on this issue by providing an overview of the legal frameworks that determine if a blocked drain is a landlord’s responsibility. 

It is important to understand where the responsibility lies to avoid any further damages or costs involved with repairing blocked drains. Also, being privy to this information can help prevent future conflicts with tenants. 

Your legal responsibilities 

According to the Landlord and Tenant Act 1985, landlords are required to maintain the structure and exterior of the property which also includes drainage systems.  As well as this, the Homes (Fitness for Human Habitation) Act 2018  requires you to ensure that the property you’re renting out is safe and habitable, which also includes the drainage systems of the house. 

So, by looking at these legal frameworks, it’s clear that, as a landlord, you’re required to ensure that your property is well maintained by taking care of the structure and exterior of the property as well as ensuring your property is safe to live in. 

Determining who is responsible for blocked drains – the tenant or landlord – in rental properties

So, who is responsible for blocked drains – the tenant or landlord? There are a few different ways to determine who pays for a blocked drain in rental property. A landlord will most likely be responsible when the following happens: 

• Structural issues or natural wear and tear: When the blockage is caused by tree roots, collapsed pipes, or an ageing drainage system.  
• Recurring drainage problems due to property design: When there’s an inherent fault in the drainage system, such as outdated or poorly installed pipes.  
• External drainage issues: When the blockage originates outside the property (e.g., a blocked main sewer managed by the water company).  

In other words, when there is fair wear and tear in a property, it is your responsibility to ensure that your property is safe enough for tenants to live in. But, there may be times when tenants need to be held liable for repairing blocked drains. 

When is the tenant responsible for blocked drains?

As with most damage caused to property, tenants will be held responsible for blocked drains in the following scenarios: 

• Misuse of drains: causing blockages by flushing or disposing of things like wet wipes, grease and fat, sanitary products or food waste
• Failure to report minor issues: failing to inform you, the landlord, of any slow drainage or minor blockages which result in bigger problems 
• Deliberate damage:  causing damage through negligence or misuse   

It’s important to note that not all drain blockages will happen immediately if the tenant has been negligent with keeping the drains clean. This is why we advise that you, as the landlord, conduct regular inspections so that you will be able to pick up on any issues.

The role of the tenancy agreement  

The tenancy agreement can also help prevent clogged drains for landlords and tenants. The tenancy agreement should emphasise the importance of maintaining drains and what tenants can do to support this.  

Your tenancy agreement should also include best practices for proper waste disposal that tenants can follow and who is responsible for any minor plumbing issues. 

So, the tenancy agreement will outline both the responsibilities of the tenant and the landlord regarding blocked drains. This will be an important aspect in determining who pays for a blocked drain in a rental property. 

Preventing clogged or blocked drains 

There are ways that you can prevent your drains from getting blocked, though. Make sure that you regularly inspect your property so that you can identify any early warning signs with your drainage system. If you do notice that your drains are clogged, be sure to address the issue as soon as possible. 

As mentioned above, you should also look into educating your tenants by providing them with guidance on proper waste disposal. This will automatically help with preventing blockages. As part of an effort to empower your tenants to look after your property, you can also consider supplying them with drain strainers or natural drain cleaners to help reduce drain blockages.

How to tell if your drains are clogged

There will be telltale signs of what to look out for when your drains are blocked or clogged. Look out for the following: 

• Slow drainage: Water drains much slower than usual in sinks, showers, or bathtubs. This is often an early sign that a blockage is forming.  
• Gurgling sounds: If you hear gurgling noises from your pipes, plugholes, or toilet after flushing or running water, air may be trapped due to a partial blockage.  
• Unpleasant odours: A foul smell coming from drains is a sign that food, grease, hair, or other debris is trapped and decomposing. This is common in kitchen sinks with food waste build-up.  
• Water backing up: Water pooling in sinks, bathtubs, or showers instead of draining away.  In severe cases, water may overflow from drains when flushing the toilet or using appliances like the washing machine.  
• Toilet flushing issues: If your toilet is slow to drain or the water level rises higher than usual before going down, it could indicate a blockage in the waste pipe. In some cases, flushing may cause water to back up into other drains in the house.  
• Standing water outside: If you notice puddles of water near external drains or gullies, it could mean the blockage is in the outside drainage system.  
• Overflowing guttering or external drains:  Blocked outdoor drains or gutters may cause water to spill over instead of flowing away.  Look for leaks, water stains, or moss growth around external pipes.  

Make sure that you take care of your property by investing in landlord insurance today! At CIA Landlords, we have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. Contact us today on 01788 818 670.