Row.co.uk Blog

Blocked toilets are bad news. Not only does a blockage put a very necessary amenity in your home out of action (especially if it is the only one), it also has the potential to cause serious, not to mention unpleasant, consequences.

If a blocked toilet leads to water backing up and overflowing out of the bowl, usually as a result of repeated flushing to try to shift the problem, you are faced with a flood of sewage water all over the bathroom floor. If your bathroom is on the first floor or higher, this can easily seep through to the ceiling below, perhaps requiring the whole thing to be ripped out and replaced.

Responsibility for blocked toilets can be a bone of contention between landlords and tenants in rented homes. No landlord relishes the prospect of being called out to handle such a problem. Their first instinct will often be to tell their tenant - if you blocked it, you fix it!


Law on liability

This is precisely where the potential for confusion stems from - determining who or what caused any blockage. The Landlord and Tenant Act 1985, which sets the legal foundations for shorthold tenancy agreements, states that a landlord is responsible: 

“to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences).”

Given that “sanitary conveniences” is a rather odd way of saying ‘toilets’, this passage seems to make it clear - responsibility for keeping them in working order lies with the landlord. However, the Act also sets out certain exceptions, which include stating that the landlord is not liable:

“to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part.”

Again, digging through the convoluted language, this means two things. First, the Act sets out a principle of ‘if you broke it, you fix it’, or in other words, tenants are responsible for fixing anything that is damaged through their misuse. 

Second, the ‘express covenant’ part refers to the terms and conditions in the tenancy agreement. Landlords can use this to set out their own rules for how repair and maintenance responsibilities will be split between themselves and the tenant - an important part of the small print tenants all too often overlook.

So where does that leave us with the need to get a blocked toilet working again, fast? In practice, no landlord can realistically refuse to repair such a problem on the grounds that the tenant caused it without carrying out an inspection. It could be nothing to do with the tenant, in which case the law is clear - the landlord is obliged to keep sanitation facilities in good working order. 

In the case of a blocked toilet, inspection and repair are the same thing - you have to remove the blockage to see what has caused it.

But while a landlord or their plumber may well end up sorting unblocked pipe on these grounds, if they find the problem was caused by something the tenant put down the toilet (wet wipes are the most common culprit), they are entitled to charge them for repair.

*The information in this blog is designed to provide helpful information on the subjects discussed. Please seek a professional for expert advice as we can not be held responsible for any damages or negative consequences upon following this information.

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Do I Need Legal Cover on My Car Insurance?

Row.co.uk Blog

Motorists are used to being offered a long list of optional add-ons for their car insurance. They cover a wide range of eventualities and will often appeal in different ways to different people.

But one of the barriers stopping people deciding whether a particular paid-for extra is right for them is knowing exactly what it is for in the first place.

Such is the case with legal cover. Would you know off the top of your head exactly what this is and what it insures you for if you take it out? If not, you’re far from alone.

The situation isn’t helped by the fact that some policies (mainly comprehensive) will include legal cover as standard - part of the small print which, quite frankly, so many of us never get round to reading. If you then take out a new policy with a different provider and see legal cover as one of the options, it may well be the first time you’ve ever come across it.

In a nutshell, legal cover insures you against any legal costs which may arise following an accident. In practice, this usually relates to situations where you have been involved in an accident that wasn’t your fault and subsequently wish to make a claim against the other party. This might be for things like medical expenses incurred as a result of the incident, loss of earnings if you had to take time off work, claiming compensation or recovering any losses not covered by your main insurance policy.

The legal costs involved in going through this process include solicitors’ and court fees. Most disputes between parties involved in an accident that cannot be resolved by their respective insurance companies have to be settled in court. While court fees might run to a few hundred pounds, hiring a solicitor to represent you in your case can be much more expensive.

Is legal cover worth it?

As with many types of insurance, legal cover’s true worth only really becomes apparent when you need to make a claim against it. You might consider the chances of being involved in a dispute following an accident negligible - the need for legal cover therefore hardly seems worth it. But if you ever did find yourself in that situation, having legal cover to fall back on would be invaluable.

Say, for example, you suffered an injury in a traffic accident that meant you could not work for a considerable period, leading to a significant loss of earnings. If the accident was not your fault, you would be entitled to claim compensation from the other party for your losses. But by the time you have paid for legal representation to argue your case, any sum you are granted by the courts could easily be wiped out.

Legal cover would pay out on the solicitors’ fees and allow you to keep the full amount of your compensation.

Ultimately, whether you opt for legal cover or not comes down to what peace of mind is worth to you. Another way to look at it is, if you do wish to cover all eventualities, you may be better off taking out a more expensive get an instant fixed-fee quote, rather than having to pick and choose all the various add-ons available. It could even work out better value.

*The information in this blog is designed to provide helpful information on the subjects discussed. Please seek a professional for expert advice as we can not be held responsible for any damages or negative consequences upon following this information.

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