Urgh Flooded

[Persil]

Well due to the almost monsoon type rain last night the hollow to the side of our house (Pavement area that runs up an alley) filled quickly with water and started entering the house .

Regardless how many sheets/towels/duvets we could not stop the water and the dinning room and hall were under about 1 inch of water (about 10-12" outside the house) .

Now this area often floods when we get a decent amount of rain but it has never got near the house nevermind into the house... There is a drain in the middle of the hollow but as usual this was blocked .

We had recently fitted laminate floors in the dinning room and of course the hall carpets are ruined .

Now the bad bit..we were not insured ..Yeah yeah i know but i was out of work for 6 months and we just never had the cash to renew it..  Whats the chances of claiming from the council due to the blocked drains ?  Many of the residents have complained about the flooding and the drains in the past but do i have a leg to stand on ?

Persil

[Frau Vesty]

Bummer dude...unfortunately it's a difficult one; the drain might not actually belong to the Council, for a start.  Surface water drainage from houses belongs jointly to the houses whose water drains through it, until the point it joins the public sewer, owned by your local sewerage company (your water company or the Council should be able to tell you where exactly the public sewer is).

Same applies in the road, if it's a public highway, then it probably belongs to the Council, up to the point it joins the public sewer - so you would have to be sure that this drain was blocked and not the sewer.  Also, is it definitely blocked, and not just that the 4" or 6" pipe cannot cope with high volumes of water?  It's also possible that the drain isn't actually connected to any pipework and is simply a soakaway for excess water, in which case it will overflow in flooding.  Look to see if it has a clear exit pipe and ask the Council to tell you where it drains to.  If it's not a public highway, the drain probably belongs to whoevers water flows through it - if it's surface water from the pavement - who owns the private pavement etc.

Finally, protection from flooding isn't the responsibility of the Council; in spite of the fact that they often have sandbags, it is actually the householder's responsibility, so you would definitely have to go down the negligence route to pursue a claim.

Assuming the drain is on an adopted public highway, I'd say it's worth a go, though - everything to gain and nothing to lose and all that. Take photographs of the drain in question and send it to the Council solicitors and see what happens.

[Persil]

Well the drain was definitely blocked (as it always is ) and the Fire Brigade confirmed it was blocked when they came out pump the water away and said they would be billing the council to remove the flood water .

The drain is in the middle of a pavement that gives access through to a car park .

The estate is council but our house is bought and the area where the drain is beside 1 council house and 1 set of council  flats.

The main sewer access is in our backgarden (which is a major pita as when its blocked or needs work we have to put up with the smell ) .

We were not the only house flooded (about 4-5 in total) and they are all council tenants .

I do have photos of the flood and damage and will go take some of the drain once the water has soaked away .

Persil

Ah my host is working now so here are 2 pictures from last night.

[Frau Vesty]

Sounds like you've got a good chance, then, particularly if the fire brigade put in a claim - they will really push for the money, and the Council will find it hard to justify paying them but not you!

[perksy]

Got to be worth phoning the council and explaining the situation  

Nicely to start with and then see what they have to say, If this Drain has been previously reported, an idea of when it was reported will help.

Explain that you are concerned with Health Implications etc.

Has to be worth a shot  

Have a chat with your local councilor aswell, tell him not to forget you voted for them etc etc.

[jeff oakley]

The important thing now is to get the house sorted out as quiclky as possible. drag all the furniture out that you can and then lift up the carpets, get yourself down to the hire shop and get a dehumidifyer and close all the doors and windows and let it do its stuff, if you are lucky you might get away with less repairs. If the walls are plasterboard you are stuffed, do not throw anything away until you have exhausted the legal process. Contact Citizens advice as they will be able to advise, or look into a soliciter on a no win no fee basis to help. The council will keep this going for years if they can, they will try to blame someone else for the ownership of the drian and then fall back on act of god. Just make sure you record every conversation and every letter you send do so recorded delivery.

Good luck for the future and don't forget to take out some insurance as if it has happened once it will happen again given that the weather patterns are changing.

[Man On The Clapham Omnibus]

Firstly, I am very sorry to hear of your problem - it's a nightmare I'm sure. If all else fails talk to Steven Rhodes on Three Counties Radio consumer programme - you are in Beds aren't you? They like to get their teeth into consumer woes.

[Paul Hurdsfield - Joint Manchester AO]

Bummer dude...unfortunately it's a difficult one; the drain might not actually belong to the Council, for a start.  Surface water drainage from houses belongs jointly to the houses whose water drains through it, until the point it joins the public sewer, owned by your local sewerage company (your water company or the Council should be able to tell you where exactly the public sewer is).

Same applies in the road, if it's a public highway, then it probably belongs to the Council, up to the point it joins the public sewer - so you would have to be sure that this drain was blocked and not the sewer.  Also, is it definitely blocked, and not just that the 4" or 6" pipe cannot cope with high volumes of water?  It's also possible that the drain isn't actually connected to any pipework and is simply a soakaway for excess water, in which case it will overflow in flooding.  Look to see if it has a clear exit pipe and ask the Council to tell you where it drains to.  If it's not a public highway, the drain probably belongs to whoevers water flows through it - if it's surface water from the pavement - who owns the private pavement etc.

Finally, protection from flooding isn't the responsibility of the Council; in spite of the fact that they often have sandbags, it is actually the householder's responsibility, so you would definitely have to go down the negligence route to pursue a claim.

Assuming the drain is on an adopted public highway, I'd say it's worth a go, though - everything to gain and nothing to lose and all that. Take photographs of the drain in question and send it to the Council solicitors and see what happens.

Wow Frau I'm impressed   Thats very practical and comprehensive explanation in laymans terms, you never cease to amaze me with your knowledge  

Realy sorry to hear about your problems Persil, I hope it all gets sorted to your satisfaction.

Up here in the 'rainy' city I've got to say what rain last night  

[Frau Vesty]

Wow Frau I'm impressed   Thats very practical and comprehensive explanation in laymans terms, you never cease to amaze me with your knowledge  

Well thank you...I have a degree in Environmental Health and specialised in drainage for about 4 years.  I knew I'd been doing it for too long when I could eat my lunch whilst looking down a foul water manhole.  Or is it an inspection chamber these days  

[chrisbin]

Wow Frau I'm impressed   Thats very practical and comprehensive explanation in laymans terms, you never cease to amaze me with your knowledge  

Well thank you...I have a degree in Environmental Health and specialised in drainage for about 4 years.  I knew I'd been doing it for too long when I could eat my lunch whilst looking down a foul water manhole.  Or is it an inspection chamber these days  

Don't forget, Hurdsey's getting on a bit now, so he's easily impressed.....

[Paul Hurdsfield - Joint Manchester AO]

Wow Frau I'm impressed   Thats very practical and comprehensive explanation in laymans terms, you never cease to amaze me with your knowledge  

Well thank you...I have a degree in Environmental Health and specialised in drainage for about 4 years.  I knew I'd been doing it for too long when I could eat my lunch whilst looking down a foul water manhole.  Or is it an inspection chamber these days  

Don't forget, Hurdsey's getting on a bit now, so he's easily impressed.....

Age is an achievment not to be belittled  

[chrisbin]

Wow Frau I'm impressed   Thats very practical and comprehensive explanation in laymans terms, you never cease to amaze me with your knowledge  

Well thank you...I have a degree in Environmental Health and specialised in drainage for about 4 years.  I knew I'd been doing it for too long when I could eat my lunch whilst looking down a foul water manhole.  Or is it an inspection chamber these days  

Don't forget, Hurdsey's getting on a bit now, so he's easily impressed.....

Age is an achievment not to be belittled  

   

[Martin Keene]

Or is it an inspection chamber these days  

Inspection Chamber

Man Hole is probably sexist according to the EU...

[DavidR]

Man Hole is probably sexist according to the EU.

Rachel Heyhoe-Flint (sometime Captain of England Ladies Cricket team) on aTV chat show famously referred to "man hole cover" as the alternative name for a cricketing box !!!    

David

[Blatman]

A former girlfriend of mine refers to tampons and panty liners as man hole covers