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.
 
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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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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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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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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.

Sounds good to me. Unfortunately i dont have any emails to the Building regulators / council asking for the report. Only phone calls. Though to the landlord i think i have a few.
 
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I think mastic is a mechanical seal, isn't it?

I wouldn't bother arguing it, just get out. Even if you get what you want with the manholes, a landlord like that is just going to cause you more problems later.

I dont think it counts. Well from the plumber / expert that i had here, plus manufacturer have both stated its not a mechanical seal. Though i will look into it to be sure.
Also, the only reason i would argue it, is because i hate lies. Feel its ******* wrong they lied to use and gave us so much ****. And what about the next people who move in? Will they get flooded and have the same ****? I just dont think people should be aloud to get away with that. But i dunno. I will try and get a free consultation and see what they say.
 
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Are you photogenic? Could you put on a seriously miffed face and look like your world is crumbling apart whilst stood next to a manhole cover? If so, Daily Mail.

More serious answer:

Your landlord knows exactly what's up hence the termination of all communication with you. A landlord with nothing to hide, doesn't hide. I'd ring up a few solicitors and tell them the situation. Even if you cant afford it, they might be able to extract money from the other side provided you are willing to forfeit all monies for things like suffering, loss of income, etc.

I hate to use this phrase, but this really is one of those times you need a Saul Goodman.

Foul water in my living room. I don't even.

HAHAHA! :D
 
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Considering both landlord and Environmental health have said its "satisfactory", do you reckon i should get one of those "germ kits" to swab and test the level of bacteria? Then if it comes up with high readings of bacteria, i can say its not "satisfactory" and still a health risk?
 
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I thought it was sealed now? Don't go lifting them up again as that won't go in your favour.

Or do you mean around it?

I mean around it. I am not convinced the mastic is adequate. In addition, the landlord supposedly sent a cleaning company in after the sewage. And to be honest, i dont believe him. The mastic job is so poorly done, i strongly think gasses are still escaping from the cracks around it.
 
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How exactly have environmental health ok'd this? Can you get onto your council or something? I'm surprised you got nowhere with the CAB.

Honestly if they're playing dirty I'd be tempted to stoop to their level. Go to your local newspaper (heck maybe even a national rag), get a journalist interested. Get them onboard with writing a story and then threaten the estate agent with it. Say you want £xxx money back because it wasn't fit for habitation and if you don't then it's getting published. Scum, absolute scum of the earth.

While you're at it, I'd ask about your deposit. Chances are it's not in a proper scheme and you'll be able to get that back and then some.

EDIT: I'd also be out of there sharpish. No "revenge" or injustice is worth it over your health.

Enviro health ok'd it with apparently sending a report to my landlord saying they are satisfied with their findings. However contacting them multiple times, their is no record of a report sent. However an email. So they Ok'd this via an email.
Local newspaper is a thought, but i will need to make sure i legally can. As for deposit, it is in a deposit scheme. That is all fine and legal.
 
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Th
Also worth checking with building control as that should never have been signed off
They also came to the property, and said its fine and "satisfactory". Hence this nightmare. Ive spent well over £200 on various plumbers and specialists to say its not ok. But building control claims it is.
 
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Have a read of the building regs yourself. Part H is what you're after. It's available online for free from the .gov website.
Think you'll find plenty of things in there on your side.

Yeah i have read it. And sited quotes from it to building control. However they never responded or took action. Once they had sent some one to look, and said it was satisfactory, they didnt care after.
 
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Building is quite old, however up until i believe 2005, the 3 basement units were storage. In 2005 planning permission was put in to convert the basement into flats.
Cover has 3 or 4 screws, (cover is plastic, and after speaking to the manufacture, they confirmed the cover is not designed for indoor use as it is not double sealed or air tight). Then there has been a form of mastic glued around it.
(See link with picture of its current state) https://ibb.co/minxR8

Various plumbers / specialists / manufactures have all stated the same thing. Its not adequate. And the manhole should be a proper indoor cover that is usually metal, double sealed and fixtures holding it down to prevent gas escape.
 
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