Commercial property update - August 2011

This month we look at changes to the law and practice in relation to sewers and some key cases in respect of service charges.

Changes to the law and practice 

Transfer of private sewers 

On the 23rd June 2011 the Water Industry (Scheme Support Adoption of Private Sewers) Regulations 2011 were published and came into force on the 1st July 2011.  

The Government decided that all water and sewerage companies will take over ownership and maintenance of some of the current private drainage systems with effect from the 1st October 2011.  

The current situation provides that the water and sewerage company are only responsible for public sewers. Therefore, private householders and businesses are responsible for their own private pipes, which may in some cases extend beyond the boundary of their actual property/premises and where shared with neighbouring land, could amount to costs for repair even in the instants where the repair is not your own fault, but would be your responsibility.  

The change in the law is to simplify and make the situation with reference to the responsibility of private drainage systems fairer to make owners responsible for only those individual drains serving their property alone or up to the point that they cross the boundary of your property. Thus on the 1st October any private sewer, private lateral drain or any compensation which forms part of such a sewer or lateral drain will become a public sewer or a public lateral drain belonging to the water and sewerage companies. This will not apply to any private sewers or private lateral drains which are owned by a railway undertake or Crown Land.  

Key Cases 

Residential Service Charge Notices 

In the recent case between London Borough of Brent .v. Shulman B Associations Limited 2011, the High Court considered the requirements for the service of a valid notification under Section 20B (2) of the Landlord & Tenant Act 1985 in relation to Service Charge Notices. The case provided clear guidance on exactly what should be included in such a notification, and issued practical guidance for Landlord using the section to stop time running against them, but do not know the exact amount of the cost. In such a situation, the landlord is advised to serve such a notice specifying a figure for the cost that the landlord would be happy to accept as a limit on the maximum amount recoverable and the notice is still valid even if the actual costs claimed are less than what was stated in the notice. For further information and advice on this, please make contact with our team.  

Note: This is provided for general information purposes and not as legal advice.