I have a flat above shops,

a new takeaway has just opened downstairs,

I have noticed that there is smoke coming from their filters at the back of the shop,

the smoke is noticeable and smelly and comes into our kitchen and bathroom through the windows,

we have to have the windows shut,

tried to talk to them to no avail, it is a Caribbean jerk chicken takeaway, so we can smell the chicken as well as the grease and fat.

Is there anything we can do, because when the good weather comes we will not be able to open our windows at the back, our kitchen, bathroom and bedroom will have no ventilation.

council environmental health officer?

Yes, on the face it they are committing a nuisance. Look up the tort of nuisance on the Internet but broadly speaking it is the wrongful interference with the enjoyment of land.

Are you renting this property or does it belong to you?

I should start keeping a detailed log of the times and dates that the smoke becomes problem. I suggest also that you keep a log of the outside temperatures and how it interferes with your daily enjoyment of your property. Buy a book specifically for this. Preferably a page-a-day diary.

Every time you have a conversation with them about it, log the conversation and make sure that you keep the detail of who said what to whom.

I think that after you have a log going on for about two or three weeks and also a log of the conversations you have had which have led to nothing, then you should probably think about writing them a gentle letter and then one or two more so that you can lay down a paper trail of reasonable behaviour and amicable approaches.

How has the conversation gone so far?

What do you think could be done to prevent the problem happening? Do you think that there are works or modifications which could be made to their shop premises to prevent this nuisance? I think it will be helpful to come up with positive suggestions as to potential remedies.

The objective of all of this is to try and avoid litigation if possible – but if you have to litigate then to make sure that you are fully prepared so that when you decide to move, you move decisively. It will certainly help a great deal if you can show a pattern of reasonable behaviour, a good paper trail and also constructive and reasonable suggestions as to how the matter might be dealt with before it starts to peak into a conflict

Yes, team member DX is correct. You could also involve the council – but I still suggest that you approach it gently in the way that I have proposed for about two or three weeks so that if you do decide to get the council involved then you have got a very good clear file of what has happened

Did they obtain the necessary licencing and planning before they opened? Could be the Council could insist on them doing new fume extraction including a chimney to remove smoke/smells - it could turn out to be very expensive for them.

Have tried to reason with them, when they were renovating the place and making noises at all times in the evening and week-end, totally ignorant to what I was trying to explain in what times they were allowed to start drilling, hammering it was a nightmare

Have tried to reason with them, when they were renovating the place and making noises at all times in the evening and week-end, totally ignorant to what I was trying to explain in what times they were allowed to start drilling, hammering it was a nightmare

Para I has the answer to above = yes

Cheers for all of your helpful advice, have filled out the form on line to the local council, will keep a diary, but it is every time they open so it will be like clockwork

Try contacting your local Councillor(s) to make representations on your behalf - best intial contact is via phone

https://www.writetothem.com/

What was in the premises previously, before the takeaway opened?

A Chinese Takeaway

Was that there when you moved in?

Yes, over twenty years ago, when it closed about five years ago, it has stayed empty since, the filters in the outside extract haven't been changed, that I am sure off, I do have the environmental officer coming out soon, the funny thing is when I phoned them today, they had no idea it was a new takeaway according to the environmental office, I have been contacting them via e-mail, but the response has been slow, so I phoned them today, the foul smell is a paraffin base associated with Caribbean cooking, today is a lovely day and we have to keep the windows closed which is not on

Could be interesting if they have not registered with the Council. May be worth checking Scores on the Doors https://www.scoresonthedoors.org.uk/

If the shop was empty for 5 years, there's a good chance that it's not a good location for business, so hopefully they'll be gone before you know it and hopefully replaced by an artist workshop.

As far as i know, there must be an extraction system with fumes directed at a certain distance from windows, that's why you see big silver ducts on side of takeaways going all the way up at chimney level.

Google or council environmental dpt will help you further with regulations.

I checked scores on doors and all they have is food hygiene rating awaiting inspection by Harrow Council on the 20th of February 2018, nothing else, the silver duct comes out from the back of the takeaway about three feet and points upwards spewing the vile smoke when they start up their ovens, the windows of three flats are affected and I suspect also the flats above us are also, the rooms affected are the kitchen, bathroom and second bedroom

 

 

I checked scores on doors and all they have is food hygiene rating awaiting inspection by Harrow Council on the 20th of February 2018, nothing else,

 

 

 

 

That tends to suggest the Council do know about them.