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Drain/letting agency issues

S

Swifty

Fraizer Campbell
Right,
So towards the end of last week, my housemate and I noticed that the drain (just outside our kitchen) was overflowing. We took a look at it and thought we'd better inform the agency (it's fully managed by them), and they said they'd send someone out asap. Couple of days later a couple of workers came to fix it, afterwards they told me that it was probably leaves that had caused the block.
Next day, we noticed a strange noise every time one of us had a shower or the washing machine was on. And that the water level in the toilets kept changing. Eventually clicked that that was what the noise was. Which implies there's still a problem with the drains...
Then today, we received a letter from our agency invoicing us ?ú65 for these blokes coming for 10 minutes and prodding a rod. They said they were invoicing us because the contractors had told them that the problem MAY have been caused by fat or whatever going down the sink (for which we are liable in the contract), even though the contractors told me that it was probably leaves. And of course they don't appear to have fixed the problem, just moved it.
Am I being unreasonable finding this blatantly unfair?
 
Swifty said:
Right,
So towards the end of last week, my housemate and I noticed that the drain (just outside our kitchen) was overflowing. We took a look at it and thought we'd better inform the agency (it's fully managed by them), and they said they'd send someone out asap. Couple of days later a couple of workers came to fix it, afterwards they told me that it was probably leaves that had caused the block.
Next day, we noticed a strange noise every time one of us had a shower or the washing machine was on. And that the water level in the toilets kept changing. Eventually clicked that that was what the noise was. Which implies there's still a problem with the drains...
Then today, we received a letter from our agency invoicing us ?ú65 for these blokes coming for 10 minutes and prodding a rod. They said they were invoicing us because the contractors had told them that the problem MAY have been caused by fat or whatever going down the sink (for which we are liable in the contract), even though the contractors told me that it was probably leaves. And of course they don't appear to have fixed the problem, just moved it.
Am I being unreasonable finding this blatantly unfair?
Click to expand...

agent (and workman?) pulling a fast one mate;

1. request to see a copy of the report from the workman before even considering paying it
2. request proof that your negligence caused the damage and the professional report to back it up
3. ask them when someone is coming to fix the new problem

agent will back down a stage 1.

what EXACTLY does your contract say btw? you said you thought you were liable?
 
Thanks for your response monkeybarry. Will definitely take those steps. The clauses in the contract that they've pointed out to us are as follows:
"To take reasonable precautions to keep all gutters, sewers, drains, sanitary apparatus, water and waste pipes, air vents and ducts free of obstruction" - Not quite sure where we've failed here, and
"To clear or pay for the clearance of any blockage or over-flow when any occur in any of the drains, gutters, down-pipes, sinks, toilets or waste pipes, which serve the property, if the blockage is caused by the negligence of or the misuse by the tenant/visitors/family." The bit in bond is what I take issue with, especially given that two lines later it says "our contractor has confirmed that the blockage may have been caused by a build up or fat/grease/oil".
Also, we'd spoken to the agency I think three times prior to the contractors coming, and not once did they tell us that they'd be invoicing us, ok this might not be contractually a problem but I'd say it's morally wrong sending a contractor to someone without telling them that they would be having to pay what is ultimately a ridiculous price for 10 minutes of somebody's time.
 
Swifty said:
Thanks for your response monkeybarry. Will definitely take those steps. The clauses in the contract that they've pointed out to us are as follows:
"To take reasonable precautions to keep all gutters, sewers, drains, sanitary apparatus, water and waste pipes, air vents and ducts free of obstruction" - Not quite sure where we've failed here, and
"To clear or pay for the clearance of any blockage or over-flow when any occur in any of the drains, gutters, down-pipes, sinks, toilets or waste pipes, which serve the property, if the blockage is caused by the negligence of or the misuse by the tenant/visitors/family." The bit in bond is what I take issue with, especially given that two lines later it says "our contractor has confirmed that the blockage may have been caused by a build up or fat/grease/oil".
Also, we'd spoken to the agency I think three times prior to the contractors coming, and not once did they tell us that they'd be invoicing us, ok this might not be contractually a problem but I'd say it's morally wrong sending a contractor to someone without telling them that they would be having to pay what is ultimately a ridiculous price for 10 minutes of somebody's time.
Click to expand...

thats a pretty standard clause tbh

if you were negligent, then you have to pay

questions;
the workman said it MAY have been leaves? did he find a big old clump of leaves? (if so, then tbh you should have taken reasonable steps to remove the leaves prior to the visit). you didnt mention that he showed you the mountain of leaves blocking the drain, so i assume little leaf presence!

oil/fat? did the workman find evidence of oil / fat? if so, how much? (point being - even if that was the cause, think HOW MUCH oil/fat it would take to bloke a drain.....yes, thats right.....A LOT.)

just go down the tough route of "i understand, and take very seriously, my responsibilities as a tennant blhah blah. Can you please show me the proof and explain to me to inconsistancies in the reports"

they cant just bill you because of a "maybe you were negligent" - especially when science (fat levels) doesnt really back it up.
 
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He said to me "probably" leaves, but no didn't show me them. Also didn't say to me anything about oil or fat. Interesting if it was though because we've only been here for 5 months, and there's just two of us, as you say it must be a lot of it to cause a blockage, and I've lived in a student house with 6 others where that didn't happen!
 
You do realise that the whole street is connected with the drains and they cannot prove that you are at fault (unless you live on a farm in the middle of nowhere)

The only thing they can prove is that you are the only ones that bothered in your street to do anything about the blockage.

Most blockages come from sanitary towls, wipes and nappies. All they do is send down a probe (ohh suits you sir) and yank it back and forth until the blockage goes, there is no real way of knowing what blocked it as the pressure from the standing waste would have floated what blocked it away, probably then been blocked by the back up that built up.

I've always felt drains should come under council tax.. and should be a council problem.
 
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