Landlord or Tenant: Who Pays for a Blocked Drain?

In most rented homes in England, the landlord is responsible for blocked drains. Section 11 of the Landlord and Tenant Act 1985 makes the landlord keep the drains and sanitary installations in repair, so they arrange and pay for blocked drain clearance. The tenant pays only when their misuse caused the blockage, and pipes shared with neighbours or running beyond the boundary belong to the water company, not either of you.

This guide is written for landlords, letting agents and tenants in England. It explains the law, sets out who pays in each situation, and covers HMOs, first steps for tenants and tenancy agreement wording. It is general guidance, not legal advice: for a specific dispute, speak to a solicitor, Citizens Advice or your deposit protection scheme.

Who pays for a blocked drain in a rented property?

The landlord pays in most cases, because keeping the drains working is a repair obligation. The tenant pays if the blockage was caused by something they did, and the water company pays if the blockage is in a shared pipe, a lateral drain or the public sewer.

The cause matters as much as the location. A blockage from tree roots, a cracked pipe, a collapsed section or years of scale is a repair issue for the landlord. A toilet blocked with wipes and nappies, or a kitchen drain full of cooking fat, points towards tenant misuse.

What does the law say about landlords and drains?

Three pieces of law do most of the work in England:

• Landlord and Tenant Act 1985, section 11. For most residential leases of less than seven years, the landlord must keep in repair "the structure and exterior of the dwelling-house (including drains, gutters and external pipes)" and the installations "for the supply of water, gas and electricity and for sanitation" (legislation.gov.uk). The landlord does not have to do repairs the tenant is liable for under their "duty to use the premises in a tenant-like manner".
• Homes (Fitness for Human Habitation) Act 2018. This Act requires rented homes to be fit for human habitation throughout the tenancy. The matters taken into account, listed in section 10 of the 1985 Act, include "drainage and sanitary conveniences" and facilities "for the disposal of waste water".
• Renters' Rights Act 2025. The Renters' Rights Act 2025 changed how most private tenancies in England work, including replacing fixed-term assured shorthold tenancies with periodic ones. It doesn't remove the section 11 repair duty.

gov.uk's guidance for private renters puts it plainly: the landlord must repair "basins, sinks, baths and other sanitary fittings including pipes and drains".

Who is responsible for each part of the drainage?

Use this table to decide who should arrange and pay for clearing a blockage. It assumes a typical house let on an assured tenancy in England; leases, flats and new-build estates can differ.

The shared and lateral rows come from the transfer of private sewers under SI 2011/1566: sewers and lateral drains connected to the public sewer before 1 July 2011 became the water company's on 1 October 2011. Our guide to who is responsible for blocked drains outside explains those definitions in detail.

When can a landlord recharge a tenant?

When the evidence shows the tenant caused the blockage by not using the property in a tenant-like manner. Typical examples are wet wipes, nappies, sanitary products, cotton buds, cooking fat or food waste. A one-off blockage in an old clay drain, or one caused by roots or a displaced joint, is a repair.

Good evidence makes the difference:

• the engineer's written notes on what was removed and where;
• photos or CCTV footage of the blockage and the pipe condition;
• the date the tenant reported it and when the engineer attended;
• whether the same drain has blocked before, including before this tenancy.

If the landlord wants to take a cost from the deposit and the tenant disagrees, the deposit protection scheme's free dispute service will look at that evidence. Any recharge should be the actual cost, not a penalty, and landlords should check it fits the Tenant Fees Act 2019.

What about HMOs and shared houses?

In a house in multiple occupation the manager has a specific duty. Regulation 5 of the Management of Houses in Multiple Occupation (England) Regulations 2006 says the manager "must ensure that the water supply and drainage system serving the HMO is maintained in good, clean and working condition".

In practice, blockages in shared kitchens and bathrooms are almost always the landlord's cost. With several households using the same drain, it is rarely possible to prove which tenant caused a blockage, and individual recharges tend to be hard to justify. Clear house rules, bins in every bathroom and a sink strainer in the kitchen do more than recharges.

What should a tenant do first when a drain blocks?

1. Stop using the sinks, toilets and appliances that drain into the blocked pipe.
2. Check whether neighbours are affected. If they are, the problem is probably in a shared pipe or public sewer; report it to the water company as well. In Nottinghamshire, Derbyshire and most of Leicestershire that is Severn Trent on 0800 783 4444.
3. Report it in writing to the landlord or agent, with photos, the date and what you have noticed.
4. Try only simple steps such as a plunger on a sink or toilet. Don't lift heavy manhole covers or mix chemical drain cleaners.
5. Keep a record of every call, email and visit.
6. Escalate if nothing happens. If the landlord doesn't act within a reasonable time, contact your council's environmental health or private housing team.

Sewage coming up through a gully, toilet or floor drain is urgent. Tell the landlord or agent straight away and keep people, pets and food away from it.

What should landlords put in a tenancy agreement about drains?

Clear wording prevents most arguments. Common, reasonable clauses include:

• a duty to report blockages, leaks and slow drains promptly;
• a reminder not to flush wipes, nappies or sanitary products or pour fat down sinks;
• access for contractors to inspect and clear drains, with proper notice;
• a statement that the tenant may be responsible for the reasonable cost of clearing blockages proven to be caused by their misuse.

Keep terms fair and in plain English, and have your agreement checked by a solicitor or your letting agent's compliance team. A clause can't remove the landlord's section 11 duties.

A drainage checklist for letting agents

• Know which sewerage company serves each property and note its number.
• Keep a record of every drain callout, with the cause and photos.
• Commission a CCTV drain survey on older properties before a new let, so there is a baseline if a dispute arises.
• Clear gutters and gullies before winter; see our guide to preparing drains for winter.
• Give tenants a short "what not to flush" note at check-in, based on our guide to what not to flush.

When to call a professional

Call a drainage engineer when a blockage is inside the boundary and simple plunging hasn't worked, when a drain keeps blocking, or when you need evidence of the cause. Our blocked drain clearance starts from £120 + VAT with no call-out fee, and CCTV drain surveys start from £149 + VAT. Prices are confirmed before we start, and we can provide photo and CCTV reporting for your records.

We work for landlords, letting agents and property managers across Nottinghamshire, Derbyshire, Leicestershire and Lincolnshire, 7 days a week from 6am to 8pm, with emergency call-outs 365 days a year. See our landlord and business services and maintenance plans, book online or call 07300 600 950. If the blockage is in the public sewer, we'll tell you so the water company can clear it.

Sources

• Landlord and Tenant Act 1985, section 11 (legislation.gov.uk)
• Landlord and Tenant Act 1985, section 10 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Renters' Rights Act 2025 (legislation.gov.uk)
• The Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566
• Management of Houses in Multiple Occupation (England) Regulations 2006, regulation 5
• gov.uk: private renting, repairs