My neighbour smokes and the fumes come into to our flat: Can we stop him?
I live in a leasehold flat and there is a leak in the shared water pipe running from my bathroom into the bathroom below.
My neighbour wants me to pay towards fixing this as the pipe originates in my bathroom, even though he is the one with the leak. I think the property management company should pay as these pipes are communal.
At the same time, my neighbour smokes and the fumes come through from his flat to mine through vents in the bathroom, kitchen and hallway. The smell is so strong that anyone coming in would assume I was also a smoker.
My sister who I live with is asthmatic and this is making her extremely upset. Other neighbours have also complained.
The property management company spoke to my neighbour about it, but he just said he has sealed all the air vents and that there's nothing more he can do.
Is there anything I can do to resolve this? Why should I spend money fixing the water leak issues that he is complaining about, when he isn't addressing the issue of the toxic smoke fumes coming into my property?
I'm considering selling the flat as this is such a nuisance. When I purchased the flat, the lease was missing. Does that affect anything?
Jane Denton, of This is Money, replies: Your situation is distressing and there are multiple components to it.
Getting a copy of the lease or a new one made is crucial. I'm perplexed as to how you were able to complete on the flat without this.
This document will help you determine who is responsible for getting the shared water pipe fixed. It should be the managing agent or freeholders, I imagine.
A key concern for you is the smoke fumes coming from your neighbour's property into yours.
It is possible this could constitute a statutory nuisance, giving you a better chance of getting the problem resolved.
At this stage, you may need to put your plan to sell on hold. The issues you have outlined would need to be disclosed during the selling process.
I have asked two legal experts for their thoughts on your case. Given the complexity of your case, it would be sensible for you to find a solicitor and see how they can help you.
Manjinder Kaur Atwal, director of housing law at Duncan Lewis Solicitors, says: You have described a deeply distressing situation involving two key legal issues for leaseholders: repair responsibility and nuisance.
In respect of the leak and leasehold flats, anything serving more than one property — such as shared water pipes — is usually 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.
If you do not have a copy of the lease, ask your managing agent for one, along with the building's insurance policy.
The lease sets out the obligations for everybody in respect of repairs.
If the lease fails to mention shared pipework or is ambiguous, you may still have a case under broader property law principles.
Generally, landlords are responsible for maintaining structural and communal parts of a building especially where issues affect multiple flats.
If the lease confirms the landlord is responsible for the repair but they do not act, there are several options available.
Begin by raising a formal complaint in writing, referring to the relevant lease provisions and clearly requesting remedial action.
If the issue remains unresolved, you may consider applying to the First-tier Tribunal to carry out the repair or, if the associated costs are recoverable, through the service charge.
However, if you want to compel the landlord to undertake the works or to claim compensation for losses suffered due to the disrepair, you need to issue a County Court claim, which can grant specific performance, award damages or issue injunctive relief.
You can also report the matter to your local authority under the Housing Health and Safety Rating System. Officials can assess the health risk and issue enforcement notices if the property is deemed hazardous.
Second, the heavy smoke entering your flat could amount to a nuisance and breach your neighbour's lease, especially if it affects your health.
Most leases ban behaviour that annoys or disrupts others' enjoyment of their home. The managing agent has a duty to enforce this. If they don't, you can again take legal action and possibly seek an injunction.
Given your sister's asthma, you could be protected under the Equality Act 2010. Landlords must avoid discrimination and take reasonable steps to reduce harm to disabled residents.
Documenting the problem, including dates, witness statements from neighbours, and any health impacts is vital if legal action becomes necessary.
As for selling the flat: unresolved leaks and nuisance problems can affect its value or saleability, so resolving the issues first is best.
Legal advice is highly recommended before taking drastic action.
Kathryn Cooling, an associate in RWK Goodman's property disputes team, says: There are a lot of issues here, but let's start with the missing lease, because that's fundamental.
When you buy a leasehold property, your legal rights, responsibilities, and even what you actually own are defined by the lease.
Without it, a solicitor can't confirm what your obligations or entitlements are.
If the seller didn't have a copy of the lease, you'll need to track it down - either from the landlord, the management company or the Land Registry. If that fails, you may need to negotiate a replacement lease with the freeholder.
Frankly, I'm surprised your conveyancer let the sale go through without the lease.
That could be a case of professional negligence, depending on the advice you were given at the time. You might want to look into that separately.
Onto the leaking water pipe—you describe it as a shared pipe. Typically, any water pipes that serve more than one flat are considered communal services, and maintaining those is usually the responsibility of the freeholder or property management company.
It's worth reporting this formally to them if you haven't already. If it is their responsibility, you may still need to co-operate with them on repairs by giving access to the pipe, but at least it takes one thing off your plate.
As for the toxic fumes, if your neighbour is creating a persistent smell that affects multiple properties, your local council can step in.
Under the Environmental Protection Act 1990, this could be considered a statutory nuisance.
Most councils allow you to report these issues online, and if an investigation supports your complaint, they can take formal action to stop it.
If you are looking to sell the flat, these issues are all likely disclosable - meaning you'd need to inform potential buyers about the leak, the fumes, and especially the missing lease. Unfortunately, this could make your flat very hard to sell.
Given all these complications, I strongly recommend that you get independent legal advice regarding your lease and the previous conveyancer, escalate the leak and fumes to the management company and local council respectively, and consider resolving these matters before attempting to sell.
How to find a new mortgage
Borrowers who need a mortgage because their current fixed rate deal is ending, or they are buying a home, should explore their options as soon as possible.
Buy-to-let landlords should also act as soon as they can.
Quick mortgage finder links with This is Money's partner L&C
> Mortgage rates calculator
> Find the right mortgage for you
What if I need to remortgage?
Borrowers should compare rates, speak to a mortgage broker and be prepared to act.
Homeowners can lock in to a new deal six to nine months in advance, often with no obligation to take it.
Most mortgage deals allow fees to be added to the loan and only be charged when it is taken out. This means borrowers can secure a rate without paying expensive arrangement fees.
Keep in mind that by doing this and not clearing the fee on completion, interest will be paid on the fee amount over the entire term of the loan, so this may not be the best option for everyone.
What if I am buying a home?
Those with home purchases agreed should also aim to secure rates as soon as possible, so they know exactly what their monthly payments will be.
Buyers should avoid overstretching and be aware that house prices may fall, as higher mortgage rates limit people's borrowing ability and buying power.
What about buy-to-let landlords
Buy-to-let landlords with interest-only mortgages will see a greater jump in monthly costs than homeowners on residential mortgages.
This makes remortgaging in plenty of time essential and our partner L&C can help with buy-to-let mortgages too.
How to compare mortgage costs
The best way to compare mortgage costs and find the right deal for you is to speak to a broker.
This is Money has a long-standing partnership with fee-free broker L&C, to provide you with fee-free expert mortgage advice.
Interested in seeing today's best mortgage rates? Use This is Money and L&Cs best mortgage rates calculator to show deals matching your home value, mortgage size, term and fixed rate needs.
If you're ready to find your next mortgage, why not use L&C's online Mortgage Finder. It will search 1,000's of deals from more than 90 different lenders to discover the best deal for you.
> Find your best mortgage deal with This is Money and L&C
Be aware that rates can change quickly, however, and so if you need a mortgage or want to compare rates, speak to L&C as soon as possible, so they can help you find the right mortgage for you.
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