Septic Tank problems

[tclark]

Hello All I am new to this site and hopefully i can get some advice of a few things. We lived on a street of 12 houses which our waste is connected to a septic which isnt on our land it is on the landlords land.We are leaseholders of the properties. First thing is the septic tank seems to need repair has the soakaway has for sometime now fail to soak the water into the ground plus it has very light bbrown discharge from tank and can smell really bad when warm. Some of the neighbours seem to think that the land owner our freeholder who we pay rent to every year is responible for it, but we have had to contribute to the repair of a main water pipe which supplies the street with fresh water from the main water pipe. I have read the some of the deeds has i notice there is some pages missing but it states that we have to "contribute to making repairing maintaining rebuilding and cleaning all ways, roads, pavements, sewers, drains, pipes, watercousres or other conveniences which may belong to or be used for the demised premises or adjoining.". To me this doesnt state the septic tank but i presume it does cover it with the wording they have said and we are liable for it. If the tank needs emptying we all pay towards the cost of being empty. Someone has on the street said it is down to the landlord to ensure the tank can cope with the full capciaty of all houses and not down to us.

I am really sorry for the long post but i am hoping so one could just verify if the tank is ours or does it fall with landlord, before we pay for it to be renew.

Thanks for reading and sorry for boring you all

Tracey

 

[LadyArowana]

Welcome to the forum Tracey. What you have described sounds like a complicated problem on several fronts, not just the septic tank, but also the legalities surrounding any repair. Have you informed the freeholder of the problem? Whilst you may indeed have to share some of the cost of repairs with your neighbours it might not be your responsibility or even within your rights to organize any remedial work. I would see how the freeholder responds, it doesn't sound like a very healthy situation and getting the system working properly should be a top priority.

 

[tclark]

thank you for the welcome. Well 3 of the neighbours have sent letters to the environment agency saying they have to contact the freeholder, also the environment want us to pay for the licence for discharged to the ground even though the properties have being like this since 1890`s when the properties were built. We have spoke to the freeholder and we are just waiting on them to see who is responible to pay for the repair or upgraded has the environment agency wants us to do.

Thanks again and i keep updated on here with the problem,just incase anyone else has a similar problem in the future..

 

[Lime]

Yes.
The biggest problem you will have is getting all the leaseholders to pay towards any costs.
By the sounds of it you have some who don't want to take responsibility whatsoever.
However it is not unusual to be responsible joint and several for the maintenance of something that you do not own, in this case the septic tank.
Unfortunately it only takes one of the leaseholders to poison the septic tank so that it stops working and gets clogged up.

 

[Penners]

I agree with the above.

To my inexpert eye the clause that you have quoted from your deeds strongly suggests that the leaseholders will indeed have to finance the repairs to the septic tank. But I'm sure that first thing you need to do is to talk to the freeholder about it.

Do the twelve leaseholders have any kind of residents' association? If so, then it would seem logical for this association to make contact with the freeholder and ask for a meeting. I have my doubts whether the freeholder will offer to finance the repairs, but you won't know until you've asked. And there are other details to sort out - who will organise the work, brief contractors and obtain quotes, oversee the job, be responsible for collecting everybody's money to pay the contractor... etc?

The one thing you shouldn't do is prevaricate - a malfunctioning septic tank is nasty, and it won't get better by itself!

 

[Flyfisher]

I agree with the previous posts, but without seeing the full lease agreement I doubt that anyone could verify where the legal responsibility lies. If it's a complicated document it may be necessary to seek some formal legal advice. If your neighbours are all amenable to sharing the cost, it shouldn't be too expensive to consult a solicitor and this might also be helpful in confirming to all concerned that they share the responsibility.

But personally, from your description of the general arrangements with your neighbours, I'd be surprised if the maintenance and repair of the septic tank is the responsibility of the landlord.

And yes, speed is of the essence!

 

[skier-hughes]

It is all down to hte wording in your lease and any other contracts you have.
Usually, you'd get the landlord to do the repair and he'll bill you. This way, he carries the obligation for ensuring all his tenants pay.
You pay your 1/12, and get a working septic tank, he takes the ones who don't want to pay to court!

If you organise the work, it then becomes your responsibility to pay for it all and collect the money, you probably have no legal right to collect the money, so if some don't pay, you're stuck with paying for it all.

Speak with the landlord, get it moving that way and if you want to be 100% sure, take expert legal advice

 

[Lime]

I think that is sound advice.

 

[Penners]

Me too. I just hope the lease agreement makes provision for it.

 

[tclark]

cheers guys for that, i thought that we all are responseable for it but it maybe a good idea to get the freeholder to organisie it and get the monies in has like i said some of them think they dont need to pay for it. And the few some which have this problem with it, may say well what if someone hasnt got the money to pay there side of the cost. It means then it cost rest of us more money. I did mention to one neighbour that we all should put £10 a month or so away in a bank account or something like that, so for any problems like this arise we will have some money already put aside to cover the cost of any repairs. I must admit for such a small street everyone doesnt pull together as much has you would expect.

Thanks for the info and advice, we are still awaiting from the freeholder to get in touch.

Cheers guys