Landlord or tenant: who is responsible for blocked drains?

With blocked drains in homes comes a significant frustration to the occupants,but a further headache is added to the equation if you’re residing in a rental property.

Figuring out who’s responsible for the issue can be a real struggle, especially if the terms of your tenancy agreement don’t explicitly refer to these kinds of problems.

As to whether contacting a professional plumber is up to the landlord or tenant, well that depends!

The responsibilities of each party

Landlord

Prior to the beginning of the tenancy, it’s up to the landlord to ensure the premises, including the plumbing and drainage system, is in good condition.

Throughout the period of occupation, it is up to the landlord to make sure the premises is in a state of ‘reasonable’ repair. This includes all plumbing systems and fixtures on the property.

A matter of urgency

With regard to the conditions set out in the initial tenancy agreement, particular repairs that the landlord agrees to pay for must be honoured as such throughout. This is up to the two parties, though it’s common landlords be contacted, and take care of, fixes to the property that are regarded as ‘urgent’.

Plumbing issues such as burst water pipes, serious leakages, broken toilets, water supply failure, and blockages, are usually considered as urgent.

Tenant

Just like the landlord needs to, the tenant has to make sure the property is in an ideal condition when signing the tenancy agreement and moving in.

While the landlord has responsibility for any significant maintenance undertaken on the property during the lease, minor household updates are up to the tenant to perform.

Put simply, the tenant is liable to pay for any damage they, or a guest of theirs, causes on the property.

When the landlord must pay

If there is a drainage problem on the property which fits the criteria of urgency, the tenant must notify the landlord as soon as possible.

If the landlord can’t be notified via their contact details, the tenant may contact a licensed plumber to fix the problem, then apply for reimbursement from the landlord.

Up to $1000 can be reimbursed, per NSW law. Ensure the repairs performed on the premises don’t exceed this.

Remember, for the landlord to pay for the fix, it needs to be proven by the tenant that:

• They’re not responsible for the damage resulting in need of urgent repair
• There was an effort made by the tenant to contact the landlord as soon as the issue arose.
• The landlord was given an opportunity to perform the repairs.

If there's a conflict

If the tenants don’t hear back from the landlord soon enough, or a dispute between the parties occurs regarding the plumbing issue, then the Tenancy and Real Estate Complaint Service can be of assistance.

Resources used

https://www.rent.com.au/blog/landlord-tenant-responsible-plumbing-maintenance

https://www.jabplumbingsolutions.com.au/blog/blocked-drains-tenant-rights-nsw

https://www.domain.com.au/news/rental-repairs-whose-responsibility-is-it-20150917-gjn5gg/

https://www.realestate.com.au/advice/repairs-who-is-responsible-for-what/

https://www.tenants.org.au/factsheet-06-repairs-and-maintenance