Flooded Garden from residents car park that is owned by the local council

[Yorkyclaims]

Hello,

we privately rent a house that is on quite a steep hill.

 

At the upper end of the property is our back garden, which for the majority of the year is a no go zone.

 

At the top border of the property is a 15 ft retaining wall (other side is residents car park that is owned by the local council).

 

This wall has 2 drainage pipes

where whenever it rains

the water from the car park goes down the drainpipes into my garden,

making it waterlogged and sodden.

We cant step on it due to the gradient, as it is probable we will slip.

 

We thought there was just one drainage pipe, but found a second behind the shed which is now rotten as a result of the water.

 

The Tenancy agreement states we have to keep the garden, including the shed, in a presentable state, which we are clearly failing.

 

Do we have a course of action against the Council?

 

I can see that, as they are above us we have to let them drain their water away,

but it is making our garden unusable,

and damaging the property.

 

Also, who would have the course of action, me or the landlord?

 

Cheers!

[unclebulgaria67]

The only important action is for you is to confirm this issue in writing to the landlord AND any letting agent.

 

It must be in writing and you must at least get proof of posting the letter from Post Office counters.

 

DO NOT BE TEMPTED TO JUST PHONE LANDLORD OR AGENT ABOUT THIS.

[stu007]

Agree with UB you need to put this in writing to the Landlord also get photographic evidence of this if you can. (you need to keep a paper trail)

 

Check if the car park referred to see if it has other drainage as well and photograph its condition.

[ericsbrother]

Now, there is old law that helps your LL if they want to take on the council but in your case I would go for a simpler remedy. Just use a couple of bungs in the drainage holes to stop the water coming through and also get your LL to sort out a permanent solution. The council have no right to allow their water to drain onto anyone else's land in this manner as it is not "natural" run off