Sewage leak or drainage problem: who is responsible?

A sewage leak or blocked drain is an urgent health hazard. The smell and contamination risk can make your home unusable, and delays in dealing with it are not acceptable. Below, we set out who is responsible for sewage and drainage problems in rented homes and what to do if your landlord is not acting.

Key facts

• The 2024 to 2025 English Housing Survey found about 9% of homes in England, around 2.3 million, had a category 1 (most serious) hazard under the HHSRS. In the private rented sector the figure was 10%. English Housing Survey 2024-25, GOV.UK
• The same survey found about 15% of homes in England, around 4.0 million, did not meet the Decent Homes Standard. In the private rented sector the figure was 22%. English Housing Survey 2024-25, GOV.UK

Who is responsible for drains and sewage systems in a rented home?

Under the Landlord and Tenant Act 1985, landlords are responsible for keeping in repair the installations in the property that deal with water, gas, and sanitation, including drains, gutters, and waste pipes.

This means the landlord is responsible for:

• Blocked or collapsed drains, where the blockage is caused by a structural defect, a collapsed pipe, or root intrusion, rather than the tenant putting inappropriate items down the drain
• Sewage backing up into the property, through toilets, sinks, or floor drains
• External drains and manholes, these form part of the drainage system that the landlord must maintain
• Shared drainage in multi-occupancy buildings, shared drains are the landlord's or building manager's responsibility

The landlord is not normally responsible for blockages caused by the tenant putting items down the drain that should not go there (such as wipes, cooking fat, or foreign objects). However, structural or recurring blockages that are not caused by the tenant's behaviour are the landlord's responsibility.

Is sewage backup a housing emergency?

Yes. A sewage leak or backup is a serious health hazard. Raw sewage contains bacteria, viruses, and parasites that can cause illness. If sewage is entering your living space, the landlord must treat this as an emergency and arrange urgent repair.

The Housing Health and Safety Rating System (HHSRS) classifies sewage and drainage failure as a category 1 hazard, the most serious category, where it poses a significant health risk.

What should I do immediately?

1. Contact your landlord or letting agent immediately, call them by phone and follow up in writing. Describe what is happening and state that it is an emergency
2. Do not use the affected drains or toilets if sewage is backing up, this will worsen the problem
3. Take photographs of the sewage, the affected area, and any damage to flooring, belongings, or walls
4. If the property is unusable, you may be entitled to alternative accommodation, raise this with your landlord as part of your emergency contact

What if the blockage is from a neighbouring property or shared drain?

In a block of flats or a property connected to a shared drain, the source of the blockage may be in shared pipework or a neighbouring property. Report this to the building's landlord or managing agent, who is responsible for the shared drainage system.

If the source is in a public sewer (the main sewer under the road), this is the responsibility of the sewage undertaker for your area, which in most of England is a water company. They have a duty to maintain the public sewer. Contact them if the problem is traced to the public sewer.

Can I claim for damage caused by sewage?

Yes. If a sewage leak or backup caused by the landlord's failure to maintain the drainage system has damaged your belongings, flooring, furniture, clothing, stored items, you can claim the cost of replacement as special damages in a disrepair claim.

Document all damaged items with photographs and list their estimated replacement value. Keep damaged items where possible until your solicitor has advised you on evidence.

What if the landlord does not treat it as urgent?

If the landlord is not responding to what is clearly an emergency:

• Contact the local council's environmental health team, they can inspect under emergency powers and issue an emergency prohibition order or improvement notice
• Contact the water company if the problem involves a public sewer
• Seek legal advice, a solicitor can write urgently to the landlord and, if necessary, apply to court for an emergency injunction requiring the landlord to act

When should I contact Support for Tenants?

We handle housing disrepair claims, including those involving drainage and sewage failures. If your landlord has failed to address a sewage or drainage problem promptly, we may be able to help you pursue a claim.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Housing Health and Safety Rating System (HHSRS) guidance (GOV.UK)

Related articles

• How to report disrepair to your landlord