If you own a house, the gutters are yours to look after. If you rent, the landlord is usually responsible for keeping gutters and external pipes in repair under section 11 of the Landlord and Tenant Act 1985. In flats, the lease usually says who does it. Shared gutters between neighbours are usually a joint matter, best sorted by agreement.
In this guide
- I own my house. Is it all down to me?
- I rent. Who clears the gutters?
- I own a flat. Who is responsible?
- What about shared gutters with a neighbour?
- What if I need access to my neighbour’s land?
- My neighbour’s gutter overflows onto my property. What can I do?
- Does the council clear gutters?
- What if I’m buying or selling a house?
- Quick questions
I own my house. Is it all down to me?
Yes. As the owner of a freehold house, maintaining the gutters and downpipes is your responsibility.
That includes clearing them, repairing them and replacing them when needed. Your insurer will also expect it (see gutters and home insurance). If your gutters are shared with a neighbour, see below.
I rent. Who clears the gutters?
In most residential tenancies in England and Wales, the landlord is responsible for keeping gutters in repair.
Section 11 of the Landlord and Tenant Act 1985 says that in the leases it applies to, the landlord must keep in repair the structure and exterior of the home, “including drains, gutters and external pipes”. It applies to most short residential tenancies. Whether clearing leaves counts as repair, and who does routine clearing, can depend on the tenancy agreement, so check yours.
If gutters are overflowing or broken, report it to your landlord in writing, with photos, and keep a copy. Don’t carry out repairs yourself and deduct the cost without advice.
I own a flat. Who is responsible?
Usually the freeholder or management company, under the terms of the lease, with the cost shared through the service charge.
In most blocks, the gutters are part of the building’s structure and exterior, which the lease usually makes the landlord or management company’s job. Leaseholders typically pay their share through the service charge. Check your lease, or ask the managing agent. In a converted house with two or three flats, the arrangement can be different, and sometimes the owners share the job directly.
What about shared gutters with a neighbour?
In terraces and semis, a gutter or downpipe can serve both homes. Responsibility is usually shared, and the best route is to agree it.
A gutter that runs across two houses often drains into one downpipe. If the downpipe on your side is blocked, the overflow may land on your neighbour’s wall, and vice versa. Talk to your neighbour, agree to have the whole run cleared at once, and split the cost. Most gutter cleaners are happy to do both homes on the same visit.
What if I need access to my neighbour’s land?
Ask first. If you can’t agree, the Access to Neighbouring Land Act 1992 lets a court order access for basic preservation work.
Section 1 of the Act allows a court to make an access order where works are reasonably necessary to preserve your property and can’t be done, or would be much harder to do, without entering the neighbouring land. The works it lists include maintaining and repairing parts of a building and clearing or repairing drains and pipes. Going to court is a last resort; a friendly conversation and an offer to tidy up afterwards almost always works.
My neighbour’s gutter overflows onto my property. What can I do?
Tell them, politely, with a photo. Most people don’t know their gutter is overflowing until someone mentions it.
If water from a neighbour’s blocked gutter is running down your wall or onto your property, the first step is a conversation. Offer the name of whoever cleared yours. If it carries on and causes damage, get advice; Citizens Advice is a good starting point. Keep photos and dates.
Does the council clear gutters?
Not on private homes. If you rent from the council or a housing association, report gutter problems to them as your landlord.
Councils are responsible for their own buildings and their own tenants’ homes. Highway drains and gullies in the road are a separate matter, usually for the highway authority.
What if I’m buying or selling a house?
Gutters often come up in surveys. A buyer’s surveyor may note blocked, leaking or damaged gutters as maintenance items.
If you are selling, clearing the gutters and fixing obvious leaks before a survey removes an easy point for a buyer to raise. If you are buying and the survey mentions gutters, ask the seller when they were last cleared, and budget to have them done soon after you move in. It is one of the cheapest items on most survey reports to put right. In a flat, ask the managing agent when the building’s gutters were last cleared and whether it is part of a regular maintenance plan paid for through the service charge.
Key points
- Freehold owners look after their own gutters.
- Landlords usually have to keep gutters in repair under section 11 of the Landlord and Tenant Act 1985.
- In flats, the lease usually decides.
- Shared gutters are best sorted by agreement with the neighbour.
- A court can order access for basic preservation work as a last resort.
Quick questions
Can my landlord make me clear the gutters?
Check your tenancy agreement. Repairs to gutters are usually the landlord’s duty, and you shouldn’t be asked to work at height.
Does this apply in Scotland?
This guide covers England and Wales. Scotland and Northern Ireland have different rules.
Who pays for a shared downpipe?
Usually the owners it serves, shared fairly. Agree it with your neighbour before work starts.
