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Damage to council house due to blocked drains as a result of roof repair but council deny responsibility
Council house recently flooded due to roadside storm drain failure and property storm drain being blocked by tar used in repair of flat roof. The said drains were never checked by landlord. The house lies two feet below normal ground level. There is no drainage at all at front of property. I believe this is a fault of design. A claim was made to the council insurer's who deny responsibility on the grounds that their client is not responsible for checking drains and that drains not blocked as claimed. The blocked drain was reported to Council who sent an employee to clear the same. This is recorded as is repair to flat roof. Damages to the cost of £950. Would the case be strong enough for a civil claim? Any other advice?
As Landlord the council is probably not responsible for checking the drains. However they may be liable in a different capacity - ask their highways department what the inspection policy is and when they were last checked. If they have not followed their own procedures they may be liable.
In any event the strongest claim is against the repairer of the flat roof. On balance it would appear to be this that has caused the flood and damage. It appears the council did the flat roof repairs which caused the blockage so they are responsible. You have a good claim.
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