Help! Chimney and Landlord/Tenant Problem

[Incensed]

I didn't know where else to post this so here goes...

I have a long-running recurrent problem. I live in a back-to-back property and I own my house. The house at the back is tenanted but the Landlord keeps causing me the same problems over and over again.

The chimneys are adjoining at the top with just a wall between called the fethers. When the problem started this Landlord had taken the flue-liner out of his chimney without telling me. Over the years I've collapsed at work and been misdiagnosed with depression, I've had my son born 10 weeks premature by emergency Caesarian section and I've spent thousands on replacement back-boilers and gas fires. When I began to suss out where it was coming from I went to Corgi who sent me to Environmental Health who sent me to TRANSCO who sent me back to Environmental Health who advised me to move house! I went to CAB who advised me to go to a solicitor. Now because I'm ill I can't afford a solicitor. I tried my insurance but they said because I hadn't reported it straight away they wouldn't pay out. I saved money and had my side of the fethers rendered which seemed to ease the problem considerably. I repaired the chimney breast in the loft space myself but the fumes were still coming in under and over the dividing wall so I filed that in too. Chimney builders and repairers alike have told me that it isn't possible to block the fumes out because of the way they were built and because they're very old. I've been told by gas engineers that they wouldn't fit a gas fire without a flue-liner in case it kills someone. I've been to my doctor and requested a letter to show to the Environmental Health but she wouldn't supply me with one. Something about having to cover her back (etc. ad nauseum). That was last summer. Then, the old tenants moved out and the Landlord did a lot of work to the house and I got better and came off most of my medication. The new tenant moved in about 3-4 weeks ago and I began to have the same old problem with gas fumes coming into my house. The tenant won't speak to me and the Landlord accuses me of being crackers and that it's all in my imagination but when the chimney repair guys went up there, last summer, they had to bomb-test the chimney but the tenants wouldn't answer the door (even though they knew we knew they were at home!) so they had to bomb-test it from my side removing the cap from the neighbours chimney to do it. When they did they said there was no flue-liner in the chimney and got back on to Environmental Health who did nothing!
Today I could see that someone had put an aerial and a sattelite dish on my side of the chimney and not knowing what to do I called the police but it's a Civil matter apparently so I need, you guessed it, a solicitor!
I'm so tired of having to go round and round in circles. I could do with someone to Act as my solicitor. I'd reward him/her somehow if only he/she could help me with this Landlord who seems to believe it's OK to murder people with gas fires.
Can anybody point me in the right direction? (and I don't mean another institution or Gov. agency) Thanks in advance.

[skipper1]

Id move the sat dish, then bill them for the work to move it from your property.
It seems they have tresspassed on your property and caused damage by drilling holes in your wall.

Ram a birds nest down the chimney top that will smoke them out, block yours off first though.

Contact your MP.

Send the landlord a nasty letter about your inevitable death.

Find a gap in the wall, push a gas pipe through and fill up thier loft with gas.

Kick thier door down and tell them whats what.

[Incensed]

ROFL
Well, you made me laugh anyway

The Aerial and the dish are on my side of the chimney though, just to clarify the situation, and I've already tried my MP. It seems that the Law is on his side. he's entitled to use his chimney minus a flue-liner but he's not allowed to pollute my air-space only it's getting someone to act on my behalf that's the problem. No-one can enter the property unless he asks them to. This side of the street suffers when it comes to wind-direction, etc. The other side gets nowt so I'm stuffed! On top of that Rossendale Borough Council is full of Common Purpose lackeys.

If I knew where the Landlord lived I'd stick a bloody bomb in his letter-box!

If I was a man 25-55 I would tell them what's what but I'm a 55 yr old, 5' female and there's more than one person in the next street who seems to have it in for me. it's all because I won't do things their way and allow them to control me.

[stickwhistler]

If I knew where the Landlord lived I'd stick a bloody bomb in his letter-box!

Land Registry

http://www.landregistry.gov.uk/public/f ... ce-of-land

Small fee (£4) to get the details, but you have to register to use the service.

[Incensed]

Thank you

[Incensed]

It's a long and complicated story but I'll give you the details as best I can remember them.
I had to block my chimney up because the of the amount of gas that was leaking into my house. When I told Environmental health this they wouldn't come out; simple as that! I said I'd unblock my chimney and I was told that I "couldn't do that"?! WTF?
I didn't have my wits about me for much of the time because of the effect of the fumes on my general health otherwise I'd have unblocked the chimney and called them a week later!
Whenever I called TRANSCO out, as luck would have it, the smell had gone! OR they didn't always test the area where I knew the fumes were coming from saying that they couldn't possibly get in! This was after I'd told them that I'd consulted chimney repairers and builders who had told me the fumes couldn't possibly be blocked out!
I did go to the other part of the council and, again, they wouldn't come out citing their excuse as being unable to access the property unless the tenant reported it.
What I don't understand is why the onus of proof has to rely on the detection of fumes? I have two carbon monoxide detectors and they've only ever gone off twice (and once because of a faulty boiler). I was told that there would be carbon monoxide fumes coming into my property at a lower level of PPI (Parts Per Inch) than the detectors would be picking up on so it's not as if they're of any use to me.
If I were to do an investigation (because, yes, this idiot has quite a lot of properties) who would I make an official complaint to? If fumes can't be detected am I in a position to do any of the things you suggest?

[Incensed]

It's a link that leads straight back to Environmental Health. They've lumped the two departments together

[Incensed]

I've got a buyer for my house, mainly because of the area I live, but I'll have to answer some questions about neighbours, etc. Does anyone have any advice about the wording of replies to minimise impact of problems (as I know I'll be in trouble if I don't tell the truth). Thanks

[Incensed]

Please will you sign this petition?

http://epetitions.direct.gov.uk/petitions/38389

[Incensed]

http://www.environmental-protection.org ... -nuisance/

"Legal action
Some nuisance problems only happen occasionally, and it may not always be possible for an environmental health officer to witness it. Some local authorities may find it difficult to deal with nuisance problems as fully as they might like because of staff shortages. If for any reason they do not feel able to take action, you can take action yourself through the Magistrates Court under Section 82 of the EPA. This is quite simple; you do not need a solicitor and it need not cost much.

You will need to prove to the Magistrate beyond reasonable doubt that the problem you are complaining of amounts to a nuisance. The diary you keep will be important evidence, as will any independent witnesses you can call to give evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will add considerable weight to your claim.

Write to the offender informing them that the nuisance has not been abated and that unless they cease it by a certain date (say, two weeks time) you will complain to the Magistrates Court. Keep copies of all letters. If this is ignored, contact the Justices Clerk's Office at your local Magistrates Court, explaining that you want to make a complaint under Section 82 of the Environmental Protection Act 1990. The Clerk of the Court should advise you how to proceed further. A solicitor can do all this for you (a letter from your solicitor to your neighbour would also indicate that you mean business) but this will involve some expense.

A date will be set for the hearing and the person about whom you are complaining will be summoned to attend Court. You will be required to explain the problem and should produce evidence - diaries and any independent witnesses. You will have to give your evidence, and cross examine your own supporting witnesses. The person you are taking action against will be able to cross examine you and your witnesses and produce their own evidence. The law relating to business premises is slightly different: they can defend themselves by proving that they are using the "best practicable means" to prevent the nuisance.

If you prove your case the Court will make an order requiring the nuisance to be abated, and/or prohibit recurrence of the nuisance. The Court also has the power at the time the nuisance order is made to impose a fine on the defendant. If this order is ignored, further Court action will need to be taken; so continue to keep records of the nuisance in case it proves necessary to return to Court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to Court."