Sewage leak or drainage problem: who is responsible?

A sewage leak or blocked drain is an urgent health hazard. The smell and the germ risk can make a home unsafe to use. The landlord must not drag their feet. Here is who answers for sewage and drain problems in rented homes, and what to do when the landlord sits still.

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, the landlord must keep the parts handling water, gas and waste in working order. That takes in drains, gutters and waste pipes.

So the landlord answers for:

• Blocked or collapsed drains, where a building fault, a broken pipe, or roots caused the block, rather than the wrong things going down the drain
• Sewage backing up into the home, through toilets, sinks or floor drains
• Outside drains and manholes, part of the system the landlord must keep up
• Shared drains in blocks, the landlord's or building manager's job

A drain the tenant blocked with wipes, cooking fat or other objects normally sits with the tenant. But a block born of the building is different. So is one that keeps coming back through no fault of the tenant. Those are the landlord's to sort.

Is sewage backup a housing emergency?

Yes. A sewage leak or backup is a serious health hazard. Raw sewage carries germs that can make you ill. Sewage reaching your living space means the landlord must treat it as an emergency and arrange an urgent repair.

The Housing Health and Safety Rating System, the HHSRS, treats sewage and drainage failure as a Category 1 hazard, the most serious kind, where it puts health at real risk.

What should I do immediately?

1. Contact the landlord or agent at once. Phone, then follow up in writing. Say what is happening and name it an emergency
2. Stop using the affected drains or toilets while sewage backs up; using them worsens it
3. Photograph the sewage, the affected area, and any damage to flooring, belongings or walls
4. An unusable home may carry a right to somewhere else to stay: raise it in that first contact

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

In a block, or a home joined to a shared drain, the blockage may sit in shared pipes or a neighbour's home. Report it to the building's landlord or managing agent: shared drainage is theirs.

A problem in the public sewer, the main one under the road, belongs elsewhere. Your area's water company must deal with it in most of England. Keeping the public sewer in order is their duty. Contact them once the problem traces there.

Can I claim for damage caused by sewage?

Yes. Did a leak or backup damage belongings, flooring, furniture, clothing or stored items? And did poor drain upkeep by the landlord cause it? Then replacement costs can join a disrepair claim as special damages.

Photograph every damaged item and note its likely replacement cost. Keep the items where you can, until your solicitor says what to do about evidence.

What if the landlord does not treat it as urgent?

A landlord sitting on a clear emergency leaves you three routes:

• The council's environmental health team. It can inspect with emergency powers, then serve an emergency prohibition order or improvement notice
• The water company, where the public sewer is involved
• Legal advice. A solicitor can write to the landlord at once and, if needed, seek an emergency court order forcing action

When should I contact Support for Tenants?

We help tenants with housing disrepair claims, drain and sewage failures included. A problem the landlord left unhandled may support 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