I won £25,000 after my conveyancing solicitor failed to spot an old septic tank in the garden
Mark Ledsom, 54, bought his dream country house in Runcorn, Cheshire, with his wife Lesley, 62, in 2021.
Built in 1737, the country house has three bedrooms, a large garden and open-plan living space downstairs.
But shortly after moving into the country house in 2022, Mark, who lives with his wife and their son Tom (25), discovered a problem in the backyard that he did not expect.
Mark, who works in retail, told the Daily Mail: ‘About 12 months after moving into our dream country house we noticed a puddle in the garden. The smell of the house and garden was terrible.
‘There would be wet grass at the bottom of the garden, everything would start to die and we couldn’t understand why. ‘He moved forward and we found black puddles in the garden.’
He added: ‘None of us, including our grandchildren, could use the garden because the smell was so bad.’
Antique: The old septic tank in Mark Ledsom’s backyard
After a flood, Mark contacted a local drainage company to conduct a sewer survey and find out what was going on.
Mark said: ‘The drain expert came and said to me: “You’ve got a septic tank, it’s not compliant and there’s a £50,000 fine.”‘
This discovery came as a shock to Mark, who was not aware of the existence of the septic tank when he purchased the property.
Once the drainage survey was completed, Mark spent £8,000 on a new drainage area and £7,000 on landscaping to fix the problem. He had also spent £10,000 on new flooring. Cleaning the old septic tank every six months also costs £200.
Mark, who was on leave from work last year due to a knee replacement and was bored, started searching on Google for ‘septic tank negligence’.
He found a law firm called CEL Solicitors, which he thought could help his case, and told them about the septic tank saga.
Mark won £25,000 this year from the relevant locum solicitor, who the Daily Mail did not name.
Mark said: ‘I was relieved to receive the £25,000. Using the money I installed a legal and compliant septic tank.’
He added: ‘It’s perfect as it’s a mini sewage treatment plant. Since we got the new septic tank, we have held our Easter party for 35 people and our Halloween party for 45 people in the garden. No more bad smells or black stagnant water.’
What are the rules regarding septic tanks?
A septic tank is an underground, watertight container usually found in rural areas without connection to the public sewer system.
It treats household waste by allowing solids to settle and liquids to drain into a drainage area where bacteria break them down.
Before buying his cottage, Mark had paid around £700 for a Level Two Home Buyers Survey, which suggested the property was connected to the mains. Only an online search was conducted as part of the investigation and the old septic tank was overlooked.
Septic tanks must comply with the General Building Rules 2015, which came into force on 1 January 2020.
The rules include, among others, ensuring that discharge does not contaminate any surface water or groundwater and ensuring that sewage is treated through a sewage treatment plant.
The seller of Mark’s property had correctly explained that the house served a private septic tank.
Perfection: Mark Ledsom in his backyard in Runcorn
Brutal: Dirty water and waste from the old septic tank in Mark’s cabin
Spending: Mark Ledsuom spent money to fix old septic tank problem before winning legal claim
However, his lawyer believes that the old septic tank in Mark’s garden was probably installed because the cottage was not connected to the public sewer network, even though the wastewater still needed to be maintained.
The attorney alleges that Mark’s conveyancing attorney did not investigate the private septic tank further, mistakenly assumed the cottage was connected to the public sewer system, and did not raise any concerns before completion.
When looking at a property that is not off-grid and instead has a septic tank or other dedicated drainage area, the conveyancing solicitor should make detailed inquiries about the system – its location, maintenance and whether it complies with current regulations.
The vendor should have been required to provide maintenance records and evidence that the system met the Environment Agency’s General Binding Rules. Since 2020, it is illegal to discharge a septic tank directly into a waterway, so it is very important to follow these rules.
All new: New compatible septic tank installed in Mark Ledsom’s backyard
The lawyer’s job is not to inspect the tank himself, but to identify and evaluate the risks, ask the right questions, and ensure that the client is adequately informed before purchasing the property.
Lucy McCallum, head of residential properties at WSP Solicitors, told the Daily Mail that title documents, as well as the TA6 Property Information Form, ‘may refer to historic rights to use a septic tank or similar private drainage system’. He said standard attorney searches should include a search for water and drainage.
McCallum added: ‘If the paperwork contains clues such as historical planning records, references to a private drainage system or an old map, and the solicitor has not made appropriate inquiries, the solicitor may be liable.’
CEL is urging buyers considering purchasing a property without a mains drainage system to seek advice as soon as the problem arises.
From discharge records to maintenance contracts and proof of compliance, seeing the right documentation is crucial.
Inform your attorney and have them conduct proper searches and investigations. The compatibility of the septic tank should be included in the contracts that the seller must sign.
This is much more likely on rural properties than elsewhere.
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