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Smell in Flat, LL responsibilities..?
Comments
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Thanks for your help! Apparently the building is solid concrete between floors, so it can't come through that way they say. I never even thought of the risk if there was a fire in another flat. I may go back to the management co/LL and ask them to do some proper investigation, rather than having the office boy come and have a look at the flat.
As the example I used it can and does, even if it shouldn't.
It is solved by a simple smoke test,and knocking on doors on adjacent flats and asking about smoking and the smell. Make it clear you are not objecting but trying to find "the gap and plug it"
The reason is as stated smoke from a fire is potentially lethal.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
It's just a neighbour having a fag or two. Either live with it or move out.0
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or it comes from outside/the flat below etc - in which case it is beyond the LL's control.
I am sorry GM but that is reckless. As posted in the absence of an external cause there is a distinct possibility that it is a repair issue in their flat the retained property or adjacent flats.
If smoke is getting in via structure ( or via a flue that is leaking) then the landlord has a clear obligation to have it investigated and resolved under the terms of the lease.
Imagine this " my partner died of smoke inhalation from the fire downstairs it came in via a gap in the blockwork and the concrete slab- I told the landlord that fag smoke was coming in and he said what do I expect - it's urban living" I can see the contingency based vulture lawyers salivating...
Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
It's just a neighbour having a fag or two. Either live with it or move out.
And if it's in another flat, your windows and doors are closed, should you really be able to smell it?
This is a modern concrete building not a conversion with timber floors plaster ceilings and nothing but joists and old rats in between.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
propertyman wrote: »I am sorry GM but that is reckless. As posted in the absence of an external cause there is a distinct possibility that it is a repair issue in their flat the retained property or adjacent flats.
If smoke is getting in via structure ( or via a flue that is leaking) then the landlord has a clear obligation to have it investigated and resolved under the terms of the lease.
Imagine this " my partner died of smoke inhalation from the fire downstairs it came in via a gap in the blockwork and the concrete slab- I told the landlord that fag smoke was coming in and he said what do I expect - it's urban living" I can see the contingency based vulture lawyers salivating...
To my knowledge, there is no law that says a flat should be airtight.0 -
propertyman wrote: »And if it's in another flat, your windows and doors are closed, should you really be able to smell it?
This is a modern concrete building not a conversion with timber floors plaster ceilings and nothing but joists and old rats in between.
Unless the place is 100% airtight, most probably.0 -
I also live in a flat and occasionally get smells from flats below me - these smells waft up through the water heater cupboard. I sometimes get nice aftershave and sometimes get cooking smells from the chap downstairs - these are far better than when cat woman lived there as she had a tom cat that liked to wee in that cupboard and that stench would permeate through my flat.
I keep an air freshener handy and when I get a nasty niff, I have a quick spray around.
There have also been tenants in the flat that both smoke and sell dope - that stink really does permeate and makes you feel ill - my LL did nowt about it nor were the police that bothered but in the end the chap did get evicted.0 -
Unless the place is 100% airtight, most probably.
Sadly that's where you are wrong the building regulations ( and depending on the materials the ACOP and BS) are quite clear about the design and construction preventing the transmission of smoke through structure ( again this a modern building).
It is easy to conflate the arguments about the desirability of fag smoke and substitute an opinion rather than expert knowledge.
Unless there are open windows vents or gaps and the cause external then it shouldn't come in via structure and it should not be in the common areas as smoking there is illegal.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
propertyman wrote: »Sadly that's where you are wrong the building regulations ( and depending on the materials the ACOP and BS) are quite clear about the design and construction preventing the transmission of smoke through structure ( again this a modern building).
It is easy to conflate the arguments about the desirability of fag smoke and substitute an opinion rather than expert knowledge.
Unless there are open windows vents or gaps and the cause external then it shouldn't come in via structure and it should not be in the common areas as smoking there is illegal.
Op does not say here is smoke, just the smell of it.0 -
OP also does not say how old the building is - and hence which Buildings Regs would apply.
Reckless? Hmm. teacup and storm..0
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