Who is responsible for a blocked drain or toilet in a rental property?

Who is responsible for a blocked toilet or drain?

Blocked toilets and drains in rental properties can sometimes be a contentious issue.

The minimum housing standards (which came into effect for new tenancies from 1 September 2023) aim to ensure all Queensland rental properties are safe, secure and functional. The minimum house standards clearly state that a property must have adequate plumbing and drainage and be connected to hot and cold water that is suitable for drinking.

It is the property manager's/owner’s responsibility to ensure the property meets minimum housing standards at the start of the tenancy.

If a maintenance issue occurs during the tenancy which means the property no longer complies with minimum housing standards, it’s the tenant’s responsibility to make every effort to inform the property manager/owner or the nominated emergency repair contact (who will be listed on the tenancy agreement) about the issue.

It’s the property manager's/owner’s responsibility to ensure repairs are made in a timely manner.

Repairs required to make the property meet minimum housing standards are classified as emergency repairs and the emergency repair process should be followed, and in most instances the landlord is responsible for the cost of these repairs.

Generally, tenants are required to maintain the property, ensuring things are tidy and nothing is damaged. For instance, if a fixture is accidentally or purposefully broken, the tenant will often need to have the issue repaired themselves.

So, if the blocked drain has been caused by intentional damage or negligence, then the responsibility (and cost) falls on the tenant. This means sink clogs caused by grease buildup, blocked toilets caused by non-flushable items, and shower drain blocks caused by hair all fall within the tenants' responsibility.

If you have any queries or concens regarding this topic, please contact our property investment specialists to assist you further.