Southampton has a large number of rented homes, from student houses around Portswood and Highfield to flats in the city centre. When a drain blocks in one of them, the question of who pays can cause as much stress as the blockage itself. Here is how it usually works in England.
The landlord’s legal duty
Under section 11 of the Landlord and Tenant Act 1985, landlords of most residential tenancies must keep the drains, and the installations for sanitation such as sinks, baths and toilets, in repair and proper working order. Landlords must also keep the home fit for human habitation, and working drainage is part of that.
The Renters’ Rights Act 2025 made major changes to renting in England, but it did not reduce these repair duties.
When the landlord usually pays
- The blockage is caused by the condition of the drain, such as tree roots, a cracked or collapsed pipe, displaced joints or a badly laid section.
- The drain blocks repeatedly because of how it was designed or installed.
- The blockage is caused by normal, reasonable use.
When a tenant may have to pay
Tenants have a duty to use the property in a reasonable, “tenant-like” way. A tenant may be asked to pay if the blockage was clearly caused by misuse, for example:
- wet wipes, nappies or sanitary products flushed down the toilet;
- fat, oil or food waste poured down the kitchen sink;
- a known problem left unreported until it became worse.
Check the tenancy agreement too. It cannot remove the landlord’s legal repair duties, but it may set out how blockages caused by misuse will be dealt with.
What should a tenant do first?
- Stop using the affected fittings, and stop using water altogether if sewage is backing up.
- Tell your landlord or letting agent straight away, and follow up in writing, by email or through their app, so there is a record.
- Ask neighbours if they are affected. If they are, it may be a shared drain or public sewer, which is usually the water company’s responsibility. See Southern Water or me?
- Do not book a contractor yourself unless your landlord agrees, or you may end up paying the bill. In a genuine emergency where you cannot reach them, keep evidence of your attempts to contact them.
Advice for landlords and letting agents
- Act quickly. A blocked drain can make a home unusable, and delays can turn a simple clearance into water damage.
- Ask for the cause. A good drainage engineer will tell you what caused the blockage. That is how you know whether it came from misuse or from the drain itself, and whether the tenant can fairly be charged.
- Consider a CCTV survey for repeat blockages. It shows whether the pipe is damaged, which is your responsibility to fix. See CCTV drain surveys.
- Clean drains between tenancies. This gives new tenants a working system and gives you a record of its condition. See drain cleaning.
How we can help
We work for tenants, landlords and letting and managing agents across Southampton and the surrounding area. We are open 24/7, we explain what caused the blockage, and we can send the invoice to whoever has agreed to pay. See drain unblocking in Southampton or get in touch.