Can we halt the smoke emanating from our neighbor's residence that permeates our home?
Resident in a Leasehold Flat Faces Shared Water Pipe Issue and Smoking Nuisance
A leasehold flat owner in the UK is grappling with a shared water pipe leak and smoke fumes infiltrating their property from a neighbour's flat. The distressed resident is being asked to contribute towards fixing the water pipe, despite not causing the leak, as it originates in their bathroom. Simultaneously, the neighbor's smoking habit causes tobacco fumes to seep through vents in the bathroom, kitchen, and hallway, affecting the well-being of an asthmatic resident living in the flat.
Neighbourly Disputes and Communal Responsibilities
The property management company has been notified about both issues, yet the neighbour has claimed to have sealed all air vents. Feeling frustrated, the leaseholder contemplates the possibility of selling the flat due to the nuisances. However, the purchase was made without a lease, raising questions about its implications.
Legal Experts Weigh In
Jane Denton of This is Money suggests obtaining a copy of the lease or having a new one made to determine who is responsible for repairing the shared water pipe. Given the complexity of the case, solicitor assistance may be necessary.
Two legal experts have been consulted to provide insights into the case. Manjinder Kaur Atwal, director of housing law at Duncan Lewis Solicitors, explains that shared pipes in leasehold flats typically fall under the responsibility of the freeholder or managing agent. If the leaking pipe is part of the communal plumbing system, the management company should investigate and arrange for repairs, which should be covered by the service charge.
Smoke Fumes as a Statutory Nuisance
In the case of the smoking fumes, they could potentially constitute a statutory nuisance, making it possible to get the problem resolved more easily. At this stage, the resident may have to put their plans to sell on hold, as the issues would need to be disclosed during the selling process.
Resolving the Issue and Moving Forward
Resolving the leaking water pipe and smoke fume issues requires several steps, including documentation, communication with the neighbour, and involving the landlord or property manager. If these steps fail, legal action may become necessary.
For those facing similar leasehold property disputes, seeking professional advice from a solicitor is encouraged. Mediation services can also help resolve disputes before resorting to litigation. With persistence and the right support, resolving these issues and finding a harmonious living environment is possible.
In the context of the ongoing leasehold flat issues, it might be beneficial for the leaseholder to review their lease agreement to understand who is responsible for repairs of the shared water pipe, as suggested by Jane Denton from This is Money. Furthermore, the infiltration of tobacco fumes from a neighbouring flat, potentially constituting a statutory nuisance, may need to be addressed under the property management company's responsibility, while the resident contemplates appropriate legal action to ensure a healthier living environment.
