Neighbour help!!

Author
Discussion

lottie

Original Poster:

701 posts

240 months

Monday 8th June 2009
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Today a friend went up into my loft to see why the overflow from the water tank was leaking. When we opened the loft hatch we were overpowered by the smell of smoke! It turns out that next door (terrace of 3) have an open fire and it seems to be leaking into my house. After going round and telling them they were not very receptive and basically said that no-one has ever mentioned it before. I only moved in last Wednesday (but have owned house for 16 years-it has been rented). Where do I stand on this? Whose responsibility is it? Help!

Simpo Two

89,168 posts

280 months

Monday 8th June 2009
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Who owns the chimney?

allegro

1,230 posts

219 months

Monday 8th June 2009
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Reroute the overflow from the tank down the chimney, job done! thumbup

allegro

1,230 posts

219 months

Monday 8th June 2009
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Seriously though unless there is obvious sign of damage to the chimney it may be easy to rectify with a bit of mortar and pointing. If so just get it done and save the hassle of an arguement.

mas99

4,887 posts

199 months

Tuesday 9th June 2009
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You really need to get all the flues inspected - and to know the layout of the flues to see why smoke is getting into your house from theirs.

Try asking a good local sweep - see if they have a camera that they can put up. At the very least they can do a smoke bomb test.

You'll need your neighbours assistance because their flue also needs checking. If they are reluctant then get down to the solicitor - they are potentially risking fires in the attic and gas poisoning of yourselves.
I know that sounds extreme - but I dont know how bad the smoke is.

You might want to do a quick run by your deeds and the party wall act - google for the pyramus and thisbe club for a good source of info

lottie

Original Poster:

701 posts

240 months

Tuesday 9th June 2009
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Thanks for the helpful advice. Am on my own so it is apprecited when sensible advice is given! I will contact a sweep/builder I think as I'm considering a log burner in my house anyway.

mk1fan

10,768 posts

240 months

Wednesday 10th June 2009
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They need to get this fixed before they use the fire again. Regardless, whether anyone has mentioned it before or not. Not a Party Wall issue unless the required repairs go beyond routine maintenance - ie re-pointing or sweeping the flue. If the stack needs re-building then it would fall under the Party Wall Act.

As you have no rights of access to the neighbours house then getting a chimney sweep round is a waste of their time unless the neighbour agrees to provide access.

I'd knock on the door tonight and ask them what they have done about getting the flue checked. If they say 'nothing' then ask them what they plan to do about it. If they reply 'nothing' or start banging on about how they can't afford too then say to them that they can't use the fire until it is fixed. Back this up with 'If you do use the fire, then I'll have to call Environmental Health, the local Fire Officer and Building Control.'

There's no reason for this to be confrontational or for it to turn nasty. But remember, their pumping noxious gases into your loft when they have a fire.

Edited by mk1fan on Wednesday 10th June 12:36

FEZZA_RS

909 posts

200 months

Wednesday 10th June 2009
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Sounds like you have got your very own kipper smoker! MMMMMMMMM Kippers!

mk1fan

10,768 posts

240 months

Wednesday 10th June 2009
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Smoke me a kipper, I'll be back for breakfast.