When you're renting a property, it's always helpful to understand who is responsible for what, especially in terms of maintenance and repairs. But when this clarity is particularly important is when any kind of repair is needed in the property; for example, blocked drains. Typically, your tenancy agreement should outline responsibilities, but general guidelines do exist to help both tenants and landlords navigate this murky water. So, who’s responsible for paying the plumber? Let’s take a look.
Firstly, as a tenant, you're generally expected to maintain the property in a good and clean condition: this includes taking care of minor maintenance tasks and avoiding actions that could cause damage. When it comes to drains, this means you should avoid flushing inappropriate items down the toilet or pouring grease down the sink. If a blockage occurs due to misuse or negligence on your part, you may be responsible for fixing the issue or bear the cost of repair.
Landlords, on their end, are responsible for ensuring that the property is habitable and safe, and this includes maintaining the property’s structure and exterior, as well as essential services like plumbing. If a blocked drain is caused by structural issues, natural wear and tear, or problems existing before you moved in, it’s typically the landlord's responsibility to get it fixed.
As you can already guess, determining who is responsible for a blocked drain can sometimes be a point of contention, and in many cases, it often comes down to the cause of the blockage. If it's due to everyday use and general wear and tear, it's usually the landlord's responsibility. However, if the blockage is due to the tenant's actions, like flushing non-degradable items (tampons, nappies, etc) the tenant may be responsible and have to foot the bill.
So if you find yourself in a bit of a blockage yourself - do pardon the pun - what should you do to get your plumbing up and running again? First of all, it's important to communicate with your landlord or property manager: report the issue promptly and provide as much information as possible about the blockage, including photos or videos if necessary. If the landlord decides that the responsibility falls on them, they should arrange for repairs in a timely manner. If it's the tenant's responsibility (for example, due to flushing non-flushable items) seeking professional help, such as our FS Drainage experts, can ensure the problem is resolved efficiently and quickly.
Getting into a dispute about paying for plumbing repairs can be stressful, anxiety-inducing and overly long if neither party feels responsible. As a tenant, one of the best things you can do to avoid disputes and blockages is adopt preventative measures:
In the UK, tenancy laws provide a framework for the responsibilities of landlords and tenants regarding property maintenance and repairs. The Landlord and Tenant Act (1985) states that landlords are responsible for keeping the structure and exterior of the property, including drains, gutters, and external pipes, in good repair.
However, the tenant is also responsible for ensuring that the property is not damaged through their own actions or negligence, and this distinction is key in determining responsibility for blocked drains. As we explained above, if a blockage arises from structural issues or general wear and tear, the landlord is - by UK law - obligated to fix it. However, if the tenant has been negligent, they may be liable for the repair costs. That said, do note that as a landlord, it might be difficult to prove that a tenant has been negligent.
If you, as a tenant, face a blocked drain that’s not your fault and your landlord is reluctant to pay for repairs, there are a number of steps you can take before forking out for the repair yourself. Firstly, don’t blindside anybody: communicate clearly and provide evidence that the blockage wasn't due to your negligence, and inform the landlord that you will be taking further action if necessary.
If the landlord still refuses, you can - according to UK law - take them to court, but you will need ample evidence proving your case. That being said, it's always best to try and resolve the issue amicably, and you shouldn’t rush into legal action unless you’re absolutely sure of the other party’s responsibility. We’d always advise that you seek advice from your local Citizen’s Advice Bureau before proceeding, as they’ll be able to assess your case and give you personalised advice on how to move forward.
