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Nuisance extractor fan smells

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poll

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Aug 10, 2009, 6:50:18 PM8/10/09
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The boundary of my property is at my neighbour's house wall. Her
kitchen extractor fan has been vented through this wall for some time
and when the fan is on the vent flaps open directly into my property
and it causes a real nuisance with cooking and cigarette smells coming
straight onto my patio and then into my house through any windows I
have open.

Last summer, realising that an extension and extensive renovations to
the property were imminent, I went next door and, trying to keep
things amicable, pointed out that the smells were causing a problem
and asked if the owner would reposition the vent elsewhere when the
kitchen was reorganised.

The building work has now almost finished- planning permission took
longer than expected- but the extractor vent has not been altered and
the smells continue. The architect involved has written to me to say
that it was not possible to re-site the extractor (unlikely as the
kitchen is enormous!) and sitting outside is not possible for me and
mine when the extractor is on- plus it has been murder in the hot
weather with all windows closed!

Does anyone have any suggestions? I am pretty sure the the fact alone
that the flaps of the contraption jut into my property is a trespass
but can't find any direct reference on net to this being the case.

Look forward to hearing from you, Thanks

bysta...@googlemail.com

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Aug 11, 2009, 2:35:10 AM8/11/09
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This sounds like a statutory nuisance. Always try negotiation first,
even when the other party is being cussed. If necessary get a trusted
third party to act as intermediary, because experience shows that the
law ought to be the last resort. If you hit the buffers, then the
local magistrates have the power to make an order that the nuisance be
abated. They will only do this after hearing the facts from both
sides, and if they think it appropriate. This is a civil order, but if
the other party goes on to breach it, then it can become a criminal
matter attracting penalties. A fixed-fee interview with a solicitor
would be money well spent, as these things are never simple.

A.Lee

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Aug 11, 2009, 2:55:07 AM8/11/09
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poll <poll...@yahoo.co.uk> wrote:

> The boundary of my property is at my neighbour's house wall. Her
> kitchen extractor fan has been vented through this wall for some time
> and when the fan is on the vent flaps open directly into my property
> and it causes a real nuisance with cooking and cigarette smells coming
> straight onto my patio and then into my house through any windows I
> have open.

....


> Does anyone have any suggestions?

Yes. Someone I know had exactly the same problem. Took ages to get
enforced, but eventually it was done. He originally went round, and
asked if anything could be done, and was willing to pay for the ducting
to take the outlet away from the house. He was told to F. Off.

Loads of details if you search. one article here:
<http://www.oxfordmail.co.uk/news/788589.Woman_told_to_remove_fence/>

As the article states, it has been going on a long time, and, is still
ongoing. the last I heard was the house was empty, and was going to be
sold to pay the compensation and costs to the neighbours.
They were the most vindictive horrible people possible, and, as they
were Chinese, thought they could 'play the race card' and claim
discrimination. Eventually, after an awful lot of trouble caused, their
ruse was seen through, and they were convicted of various offences.
They were made bankrupt, but last time I heard, no money had been paid
over.

To your original query, the Council can make an enforcement order to
either add ducting, or remove the fan. You may need to pester the
Council to do something about it.
Alan.

--
To reply by e-mail, change the ' + ' to 'plus'.

Charley

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Aug 11, 2009, 7:05:15 AM8/11/09
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On Mon, 10 Aug 2009 23:50:18 +0100, poll <poll...@yahoo.co.uk>
wrote:

As a temporary measure, erect a post or similar structure on your
property, up against the vents so that they are obstructed.

There was a similar post here some time ago about a gas flue. That
couldn't be blocked for safety reasons, but blocking the air extractor
will simply make it unpleasant for them and they will have to make
another arrangement.

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