My never ending dilemma feels like a conspiracy.

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Hi all!

I suppose this is more of a rant than any thing. Though advice and input would be great :)

About a year ago i moved into a new flat. Small basement property, under about 10 other flats. It was cheap so we thought **** it.

Within the first month of living here, it stank. Stank like sewage non stop. Complained, though nothing happened. A few weeks go bye, and me and Mrs are feeling ill. Lung infections, throwing up, sinus infections and so on. Then one evening, we woke up to find our bathroom floor and living room carpet were soaked.

Confused, we pulled up the carpet to find a manhole cover. At the time we were sleeping above this manhole cover without knowing it was there. The bathroom had the same manhole cover.
Turns out we have two manhole covers that were not sealed. Screwed down though that doesnt stop sewage leaking.

We were put in a hotel, and i was taken to hospital due to my lung infection.

My land lord (estate agents), sent in plumbers/specialists to investigate. They found right outside my back door, the drain (soil stack that takes the buildings sewage) had gotten blocked. Though they claimed countless times, that it would be impossible for sewage to end up in the drains in our house (there are special things to prevent sewage coming in).

We were ill, and we disputed that explanation. Of course it was sewage. They explained the man hole cover in the living room, only took water from the kitchen sink and washing machine, then that runs into the bathroom and out of the property.

Then i questioned the man holes them selves. Why were they not properly sealed? I had a crap response (they didnt know they were there). An engineer covered the man hole covers and put glue (mastic) around them, to prevent gas or water coming through again.

Though this didnt seem right. After reading online, it states they have to be mechanically sealed if inside. Mastic was not good enough. Mastic though good at sealing, is not 100%. I also contacted the manufacturer's of the manhole covers, and gave them the product number of the man hole covers. They were shocked they were being used inside a property (specially a basement flat), as they are designed for outdoor use (like you see on the street).

So i contacted my local environmental health and building control. They came and looked, and were apparently satisfied with how they were sealed. (Even though i gave them evidence from the manufacturer's, sighted building regulations H1 to them, and paid for a independent specialist to also say they are not safe for use indoors). After that, they refused to talk to me, and only talked to my Landlord.

My land lord threatened me with a law suit. And gave me a awful ultimatum. Move out within the month, of stay, but by staying, i agree i am happy and safe. Unfortunately a month was far too little time, and with money and so on, we had no choice but to stay.

Fast forward to now, my neighbour (who also lived in an adjacent basement property) has just moved out. She has a child of 6 years old. And had been living in the property for 3 years. The past year her son kept getting ill. Hospitalised on occasion. She too had sewage smells, and complained to the land lord about dampness and so on. Well she left, and decorators have come in to fix the place up.

Guess what they found? A man hole, non sealed, in her living room. That takes her bathroom waste, which flows into MY living room next door.

It is worth noting my landlord told building control and environmental health that sewage does not flow into my living room. They also failed to mention to Building control about the manhole cover my neighbours flat.
Trying to communicate with the building control officer and my landlord, they are both blocking me from pursuing. Neither will investigate, and i have been threatened with legal action again. I have also been told i cannot speak of this to any one, nor can i contact independent specialists to investigate. WTF do i do?

Sorry for the length to any one that has read this. I can go on with more input/evidence and pictures. But i feel i have written far to much already.

Kind regards,
 
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TL;DR

Landlord has lied to Building control + Environmental agency. Building control wont listen or talk to me. Neither will landlord, though they have put my self and wife health at risk, + neighbours and small child who has been hospitalised allot.
Email's and reports between both landlord and building control are apparently going missing or never happening even though i have emails confirming.
 
Soldato
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Move

It's already affecting your health and the stress on top will only make you feel worse so just get out of the situation.

Edit: might want to check they have put your deposit in a proper scheme. They sound pretty shady so if they haven't you get a nice payout.
 
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Sounds like they're in breach of contract to start, let alone multiple accounts of failed legislation. Get on to a solicitor immediately, the fact your landlord has said don't tell anymore means he knows he's in the wrong.
 
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For what reason are you being threatened with legal action?

I am not sure. All communication with landlord / estate agent was stopped. And then I was emailed by their lawyer. And from there I was only allowed to speak to their law team in regards. I breached a "contract" with them, because they gave me a ultimatum of returning to the property or leaving within a month. I unfortunately said to them "I am happy to return" as we did not have the money to move again or the time.
And after my own "investigation" and paying for independent contractors to view the manholes, and emailed the evidence and findings from the contractors to my landlord/estate agent, they threatened I was breaching the written contract when I said "I am happy to return".
 
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This. I can't imagine what basis they would have for threatening legal action, and with my limited legal knowledge I'd argue that the previous ultimatum was not enforceable either. Seriously, get a lawyer. Or as Monkey Man suggests try to move out ASAP.

I mean, even if i can get the funds to take them to court, what leg do i have to stand on? There would be no evidence me and the Mrs got ill from this. And thats the same with my neighbour and her son. They can argue they were un-aware of the man holes, and got the thumbs up from building control that they are "satisfactory" once the mastic seal was put on. (again even though every where online states they have to be mechanically sealed).

Though, once they found our two manholes, they had to find the building plans and send them to the landlord and building regulators. Therefore surely they must have known about my neighbours manhole and should have investigated to see if it were sealed?
 
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I am not sure. All communication with landlord / estate agent was stopped. And then i was emailed by there lawyer. And from there i was only aloud to speak to there law team in regards. I breached a "contract" with them, because they gave me a ultimatum of returning to the property or leaving within a month. I unfortunately said to them "i am happy to return" as we did not have the money to move again or the time.
And after my own "investigation" and paying for independent contractors to view the manholes, and emailed the evidence and findings from the contractors to my landlord/estate agent, they threatened i was breaching the written contract when i said "i am happy to return".
Did you sign anything to say you were happy to move back in or was it a verbal contract ?
 
Soldato
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I am not sure. All communication with landlord / estate agent was stopped. And then i was emailed by there lawyer. And from there i was only aloud to speak to there law team in regards. I breached a "contract" with them, because they gave me a ultimatum of returning to the property or leaving within a month. I unfortunately said to them "i am happy to return" as we did not have the money to move again or the time.
And after my own "investigation" and paying for independent contractors to view the manholes, and emailed the evidence and findings from the contractors to my landlord/estate agent, they threatened i was breaching the written contract when i said "i am happy to return".

You're not a property expert, agreeing to re-enter the property doesn't negate their responsibilities as landlords. That's like saying I'm not fitting carbon monoxide alarms and if you agree to move back in that means that's okay.

Have you spoken to citizens advice? Or do you have any legal cover included in any insurance policies or bank accounts? That could allow you to get a free consultation at least.

I mean, even if i can get the funds to take them to court, what leg do i have to stand on? There would be no evidence me and the Mrs got ill from this. And thats the same with my neighbour and her son. They can argue they were un-aware of the man holes, and got the thumbs up from building control that they are "satisfactory" once the mastic seal was put on. (again even though every where online states they have to be mechanically sealed).

It could be that you're snookered but if you can get advice from CAB or a free consultation from a lawyer it's got to be worth a shot.
 
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You're not a property expert, agreeing to re-enter the property doesn't negate their responsibilities as landlords. That's like saying I'm not fitting carbon monoxide alarms and if you agree to move back in that means that's okay.

Have you spoken to citizens advice? Or do you have any legal cover included in any insurance policies or bank accounts? That could allow you to get a free consultation at least.



It could be that you're snookered but if you can get advice from CAB or a free consultation from a lawyer it's got to be worth a shot.

CAB here is crap. Ive tried, but they dont have any legal experts to help. May try and see if i can get a free consultation from some one. Though i did look around for advice, and was told i had to pay a few hundred just to walk through the door pretty much.
 
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Was through email, and phone. The only thing i signed was my name at the end of the email. Though no actual contract. Just me emailing to confirm i will go back into the property.
I'd be tempted to get your info you've got regarding the manhole covers, confirmations from the manufacturers, and take it to citizens advice and check if you've got a leg to stand on to start with. If you do, see if they know of any affordable way for you to take on your landlord or to at least remind him of his actual duty of care to residents.
 
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I'd be tempted to get your info you've got regarding the manhole covers, confirmations from the manufacturers, and take it to citizens advice and check if you've got a leg to stand on to start with. If you do, see if they know of any affordable way for you to take on your landlord or to at least remind him of his actual duty of care to residents.

I shall give it a go. Thank you.
The other frustrating thing, is i have not been sent a report from building regulators or environmental health or the land lord, from when they came and inspected it. Ive tried calling Building regulators for the report though apparently the report was just a email to confirm its "satisfactory" to seal the manholes with mastic. So i can show a lawyer the report of what was said.
 
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The only other thing i was thinking about doing was taking it to a local news paper. Its a small town, and currently they are trying to invest money into the town to make it more tourist friendly and so on. The estate agent is one of the biggest in the town, and family owned. And all the local businesses here seem to really stick together and so on.
But then again, if i take it to a paper would i be liable for being sued?
 
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I shall give it a go. Thank you.
The other frustrating thing, is i have not been sent a report from building regulators or environmental health or the land lord, from when they came and inspected it. Ive tried calling Building regulators for the report though apparently the report was just a email to confirm its "satisfactory" to seal the manholes with mastic. So i can show a lawyer the report of what was said.
Mention that too, if you've got emails asking for it but never received any then it could still stand you in good stead looking for clarity on the issue from the relevant sources. It'd be worth mentioning about the lack of communication you're receiving too from other parties as they could see that as a potential cover up too.
 
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The only other thing i was thinking about doing was taking it to a local news paper. Its a small town, and currently they are trying to invest money into the town to make it more tourist friendly and so on. The estate agent is one of the biggest in the town, and family owned. And all the local businesses here seem to really stick together and so on.
But then again, if i take it to a paper would i be liable for being sued?
Only go if you have full blooded hard proof that you're right, otherwise you could shoot yourself in the foot big time
 
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