Smelly Flat - Any Rights?

Landlord Discussion Legal
1

I recently moved into a ground floor flat in a 75 flat, three storey building.

After a couple of days I noticed an unpleasant smell in my kitchen. It put me off cooking. As the days passed the smell became quite repulsive to so I began investigating it. I also reported it to my Landlady via email and the scheme Manager in person.

It quickly became apparent that the smell entered my kitchen via the hole in the rear corner of the cupboard under the sink - the hole where the sink drain pipe exits the cupboard and enters the service shaft which also serves the two flats directly above mine.

After extensive experiments and theories as to the source of what is now a regular stench, I requested a visit from my Landlady who confirmed the ‘selective smell ability’ was deployed at that time - her claiming she could smell nothing - while the smell was at a low ebb.

Fast forward to earlier this week; I’d finally been of the belief that the warm water draining from the sink in the kitchen above was, by virtue of its heat, agitating something in, or at the bottom of the service shaft - which wasn’t very savoury.

The management company’s (First Port) Maintenance Person visited at my request and, along with more ‘selective smelling ability’, made efforts to divert reponsibility onto my Landlady - who’s own Tradesperson suggested the opposite a few days prior.

What I gleaned from the Maintenace chap after much interrogation was that the sink pipes from all three flats are sealed and connect straight into the larger undergound drainage pipes. This diverted attention to my cupboards - underneath - being the culprit.

However, during the Maintenance chap’s visit I ran upstairs to ask the person in the flat above to fill her sink with hot water then let it down her plug hole (offering her £1 for her electric). She happily carried out my request … but it was not required …

… as soon as she invited me into her flat I was hit by an unhealthy heat inside her lounge and kitchen - and to my relief and horror, I recognised an ambient smell which I recognised - albeit slightly less repulsive than which ends up in my kitchen.

Given that air flows freely inside the service shaft, there is no doubt remaining that the revolting smell in my kitchen is a combination of very warm temperatures inside the flat above which creates a heavy, dormant odour - and the smell of natural B.O. (Body Odour) from a very elderly lady.

I’m not about to offend her. Instead, I wonder if it’s possible to seal my cupboards from the service tunnel in order to avert the smell ? I somewhat doubt this.

If nothing can be done, then can I use the provision given in the new Tenants Rights Act to give Notice To Quit in two month’s time on rent day ? Either way, I cannot continue like this. My flat stinks (lounge as well) and it causes me to hurry to the loo :face_vomiting:. I currently live in my bedroom from a sports bag - while I’ve emptied my kitchen of everything and laid it under cover on the lounge carpet. My Landlady has seen this situation and is happy to receive my rent each month.

2

We’ve had this before haven’t we?

Either way, if you want to leave, yes, give notice in the correct format and she’ll have no choice but to let you go.

1 Like
3

Ah!! all has become clear.

Smells this penetrating might seep through plaster board and cracks in the plaster. The kitchen base unit with sink may need removing to get up close to all the pipe exits, gaps, cracks etc.

Or Give 2 months written notice the day before rent day and quote the day of leaving and time to drop off/ hand over keys and away you go. this might spur landlady into action?

1 Like
4

Firstly Firstport have a dreadful reputation

I understand there have been newspaper articles about them ( they took over management of my block and a previous director informed me how bad they were ) .

On a more humanitarian note there is a human being living in squalor above you . She is elderly . Can she self manage ? Does she need to go into a care facility ?

I know these aren’t your problems but perhaps you may want to have a chat with her about who her gp is ( you could ask her for a recommendation) ?

I would communicate with your landlady and first port the issue because if she’s renting her landlord can deal with it . If she’s a homeowner then social services can be called or age concern .

If you don’t care so be it . All of us are going to get old one day . She may be struggling and your compassion could go a long way .

You may end up not having to serve notice ….

1 Like
5

Is the service shaft just for pipework ? No bins are stored in/near it?

1 Like
6

@A_Z

Well said.

@Aron2

Alert the manager of block of your concerns. They have a duty of care.

We sold late parents retirement complex apartment. Luckily it was on the ground floor with direct access to outside by patio door and 2 bed so desirable apparently. Took First Port 3 months to produce a seller pack and charge a fat fee for as well as taking 1% as a sale fee. But we got it shifted and away for probate. Many are not so lucky to sell easily.

Nice fat service charges as well always going up never down.

2 Likes
7

Thank you. I ws giving this place as much time and patience as possible - but living in your bedroom to evade a vile smell is not conducive to enjoying one’s home.

I think it’s time to buy some moving boxes !

8

Thanks Ray. This seems a huge issue, in my observation, because so far - it’s a game of tennis between my Landlady and First Port as to who is liable for any actual work. Meanwhile, I’m dossing like a squatter in my own bedroom.

It would be excellent to think that the situation could be resolved - but I don’t see that happening any time soon. With a lot of sadness, and expense, my best bet seems as you suggest - getting out of the place ASAP.

9

@Aron2

sorry to hear of your problem - sounds like you have been persistent and patient in trying to find source. Yes you can give 2 months notice to end the day before the rental period.

it’s always tricky when a problem from either outside or a neighbouring flat causes an issue and where it is difficult to prove- the freeholder/managing company has no control over the actions of a leaseholder beyond what is in the lease. The LL has no powers to deal with your neighbour at all unless it can be proved that the leak/damage/harm is coming from the flat above.

Make sure you tell the LL.

Ultimately the LL will have a succession of tenants leaving quickly, void periods and a lot of hassle and stress regularly finding new tenants till they find a workable solution. If you were planning staying you could call the council environmental health officer and they could propose [or even enforce on the LL] a solution as it sounds like a health issue - just like if there were regular loud noises late at night.

Good luck

1 Like
10

Thanks A-Z,

Yes, I’ve heard of First Port’s ‘popularity.’ Hmm !

The old lady concerned is a delightful and lively person who still goes out shopping etc. despite her age. I don’t know if she owns or rents her flat here, but either way, I do not wish her to be upset - particularly concerning such a personal subject. For the record; she doesn’t smell of amonia - common in urinary incontinence - nor the other part. Instead, she’s an old lady who has her heating on, even in weather like today, she wears warm clothes and she isn’t afraid to cook things. A common trait with many elderly is a preference to one or two daily washes as opposed to jumping in a shower or bath and, of course, over time, some can develop a need for a shower.

The last thing I want is to embarrass her, but any work which could possibly be required in her flat in relation to this issue will inevitably raise questions in her mind.

Subsequently, being in my kitchen and lounge is like living inside her dirty washing basket by an open fire.

For the sake of letting her enjoy her life, it’s best if I look for somewhere else as soon as possible.

11

Thanks David,

I was hoping that this issue might be easliy resolved by finding a deceased rodent or something underground, but there is now no doubt as to the cause after I called to the above flat and was confronted by the familiar odour.

I’m convinced that First Port will attempt to divert responsibility for rectification to my LL and vice verse. Therefore, it feels appropriate for me to commence a property search and instigate applications without delay.

Thanks for your advice.

12

Hi Colin,

No, the shaft is only about 9" square and I understand it serves just mine and two stories above for drainage of our kitchen sinks. The shaft is not close to either the laundry or the bin room.

However, despite the sink drains being directly connected to the underground drainage system, and that theoretically eliminates the likelihood of smells from water induced rot or decomposition, the shaft seems to have complete free flow of air between the floors - air which is free to enter cupboard drain pipe holes and underneath the cupboard floors etc.

I know not if it’s technically appropriate to wish for each floor to be sealed from air flow but I suspect not. Therefore, I’m stuck with the stink.

Time to leave, me thinks.

13

I would have thought there should be a fire barrier across the shaft at each floor level . Now that would stop smell as well as fire thru the shaft. Fire more important to stop.

3 Likes
14

I understand .

Elderly people may function quite well but they are often oblivious to the issues you raise.

( I’m speaking from experience )

At least find out who her GP is so they could send in occupational health to assess the situation . It won’t be healthy for her living in that odour.

That odour is bacteria . Elderly people have a compromised immune system. She may need help around the home to deal with issues that she doesn’t have the energy , recognition or inclination to deal with herself.

In this heat she’s at risk of a CVA or MI if the heatings on. She may be taking medication ( eg beta blockers ) which mean she needs cooler thermal control .

She may be dehydrated and confused etc etc etc

2 Likes
15

if it were my place I would use a fire retardant foam to seal all the air gaps. If there is an access point to this shaft ,it is not a big job to stuff a load of fire retardant Rockwool across the shaft . stop fire and smells

4 Likes
16

Thanks Colin,

That’s interesting and logical. I’ll make enquiries into it.

1 Like
17

Yes, a few relevant points you make.

She’s really alert and pretty energetic for her age, so it puzzles me slightly why her metabolism would desire such heat in which to dwell. You may well be right - she could indeed have a subtle medical condition.

As long as she’s as healthy as she can be and happy in her flat, I don’t think I should ‘upset the apple-cart’ for her.

1 Like
18

The smell from her home is so putrid you are going to hand in your notice .

How can you describe that as happy and healthy?

Do the right thing and contact her GP so she can at least have input from occupational health and social services

1 Like
19

She IS - ‘happy and healthy.’ She’s energetic and alert - demonstrating no visible symptoms of ill health, although appearance is no diagnosis by which to conclude.

She just has her flat far too warm … and a combination of odours makes my flat stink.

It isn’t my intent to meddle in her life but I will convey your concerns to the sheme Manager who will have residents’ Doctor’s contact info available.

1 Like
20
  1. I would tell your landlord to do this.
  2. It is not your place to have to deal with the freeholder, it’s your landlords.
  3. Move out if they do not action #1 / resolve the issue.
3 Likes