Blocked Drains in a Rental: Is the Tenant or the Landlord Responsible in NSW?
It's one of the most common arguments between renters and property owners across Sydney, Newcastle and the Central Coast — a drain backs up, the smell hits, and suddenly nobody wants to pay the plumber. Under the NSW Residential Tenancies Act 2010, the answer usually comes down to one question: what caused the blockage? Here's a plain-English breakdown of how the rules work, who pays in the most common scenarios, and what every tenant and landlord should do before calling an emergency plumber.
The short answer (and why it's rarely that simple)
In NSW rental properties, the landlord is responsible for keeping the premises — including the plumbing and drainage — in a reasonable state of repair. That means structural blockages, ageing clay pipes, tree roots, collapsed sewer lines and general 'fair wear and tear' issues are the owner's problem to fix and pay for.
The tenant, on the other hand, is responsible for using the property reasonably and keeping it 'reasonably clean'. If a blockage is caused by something the tenant put down the drain — wet wipes, cooking fat, hair, kids' toys, sanitary items — then the cost of clearing it usually sits with the tenant, even though the pipes themselves belong to the landlord.
What the Residential Tenancies Act actually says
Section 63 of the Residential Tenancies Act 2010 (NSW) requires landlords to provide and maintain the premises in a reasonable state of repair. NSW Fair Trading treats a blocked sewer or stormwater drain as an 'urgent repair' under section 62 — alongside burst pipes, gas leaks and serious roof leaks — which gives tenants specific rights to act quickly.
If the landlord or agent cannot be contacted, or won't organise a repair within a reasonable time, the tenant can arrange the urgent repair themselves and be reimbursed up to $1,000. To claim that money back, the tenant must use a qualified tradesperson, keep the invoice, and give written notice to the landlord as soon as practical.
- Blocked or broken toilet system — listed as an urgent repair.
- Serious roof or stormwater leak — urgent repair.
- Sewer or drainage failure — urgent repair if it affects sanitation.
- Tenant reimbursement cap for urgent repairs: $1,000 (as of 2026).
When the landlord pays
If the cause sits with the property itself rather than how it's being used, the landlord wears the cost. In older Sydney suburbs like Marrickville, Hornsby or Hamilton, that's most blockages — the pipes are simply old and often need pipe relining rather than another clean.
Common landlord-pays scenarios we see every week:
- Tree roots from a backyard Jacaranda or a council nature-strip Liquidambar growing into clay sewer pipes.
- Collapsed or cracked terracotta pipes in homes built before the 1980s.
- Stormwater pits and downpipes that have silted up over years of neglect.
- Sewer line sagging or 'bellying' due to ground movement on Central Coast sandy soils.
- Hot water systems, dishwashers or other fixtures supplied by the landlord that have failed and are causing the backup.
When the tenant pays
If a plumber arrives, runs a CCTV camera down the line and pulls out a mass of wet wipes, cooking oil, or a child's toy car, the cost almost always shifts to the tenant. NSW Fair Trading is consistent on this: damage caused by tenant misuse — even if accidental — isn't 'fair wear and tear'.
Typical tenant-pays scenarios:
- 'Flushable' wipes (they aren't) blocking the toilet branch line.
- Cooking fat and grease solidifying in the kitchen drain.
- Hair build-up in the bathroom or shower waste — particularly after long-term occupancy.
- Sanitary products, nappies or cotton buds flushed down the toilet.
- Foreign objects — toys, jewellery, dental floss — recovered from the trap or pipe.
The grey area: what if nobody knows the cause?
This is where a CCTV drain inspection earns its keep. A camera survey costs $250–$450 in Sydney and gives both parties an evidence-based answer instead of a shouting match. The footage shows whether the blockage is a root mass at a pipe joint (landlord), a foreign object (tenant), or a structural collapse (landlord).
Reputable plumbers will issue a written report and photos with their invoice. Tenants should always ask for this report — without it, an agent can reasonably push back on a reimbursement claim, and a landlord has no proof to chase the tenant for a misuse blockage.
What to do right now if you're a tenant
- Stop using the affected fixture immediately — don't keep flushing or running water, you'll flood the floor.
- Notify the landlord or property manager in writing (email or the agency's portal). A text message alone isn't ideal evidence.
- If it's after hours and raw sewage is backing up into the property, treat it as an urgent repair under the Act.
- Try the listed emergency contact first. If you can't reach them within a reasonable time, arrange a licensed plumber yourself.
- Keep every invoice, photo and written message — you'll need them to claim reimbursement up to $1,000.
What to do right now if you're a landlord or agent
- Respond to the tenant's report the same day, even if just to confirm a plumber is being dispatched.
- Use a licensed plumber and request a written cause-of-blockage report with photos or CCTV footage.
- If the cause is fair wear and tear, pay the invoice and move on — chasing the tenant without evidence creates Tribunal risk.
- If the cause is tenant misuse, send the invoice and report in writing and give the tenant a reasonable time to pay before escalating.
- Keep a service history on the property — annual jetting of older lines is far cheaper than emergency call-outs.
Need a Licensed NSW Plumber and a Clear Cause-of-Blockage Report? Call Express Drain Cleaning Today.
Express Drain Cleaning provides same-day drain clearing across Sydney, Newcastle and the Central Coast. Licensed, insured, upfront pricing.