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Space4Living Letting agent refusing to give Landlord contact details,

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Hi everyone,

I live in a flat with family,  my wife and two very young daughters,      baby aged 3 weeks and little girl 15 months,    live in flat that is above a shop premises,  which is a Beauty Beauty Lounge.

We have complained about breathing in vapors and fumes from the shop below to the business owner,   since she recently moved in,    but she denies using any strong chemicals or solvents,    even though she clearly advertises Nail, Hair, Spray Tans treatments etc.

We have to endure headaches,   and itchy eyes due to there fumes that smell like strong solvents and ammonia smells,   which you can feel in your chest.

We know that she does acrylic nails treatments (Acrylic solvents),   spray tans (Dihyroxyacetone),  hair treatments (Hair Dye and Perming Lotions etc), lip fillers, that are advertised,  and other hush hush cosmetic procedures.

The business is permitted under a low impact classification etc,    but she is using all the basement rooms as treatment rooms,    not as storage as they apparently supposed to be,,     the shop at ground level,,,   she rents out various positions,   making it really busy at times.

 

She calls herself a practitioner,  like a doctor,   does this contravene the premises use classification ?

The business apparently has no waste collection whatsoever,,   all waste chemicals go straight down the sinks and drains,   sharps and bio waste she most likely dumps in her household waste.

She opens up in the morning usually about 9:30 am,    and stays open until late at night,    closing at sometimes 10 pm or so.

All the while that she is open,    she has music playing constantly,   which we can hear in every room and can't get away from it in our living accommodation,    and is becoming a real nuisance.

We are worried about the long term effects of breathing in these fumes as she has no extraction at all,  but fear that if fume extraction is put in,   that we would still be affected in the summer when the windows are open.

Also we are worried about the fire risk,   as she has no fire extinguishers or fire alarm.   Then there is the question of how flammable chemicals are stored,   and what leakage measures she has.    We have only one exit,   though the kitchen,   and have to vacate down a wooden staircase,   with this underneath,  it is a constant worry.

Her fire exit also comes through our basement that we use as a utility room,   which has no ceiling,  just bare wooden joists etc,  with no exit lighting or proper exit door.

 

I have also asked her on a number of occasions,    if she could turn down the Bass on her music,    that she has going BOOM BOOM BOOM,  usually from about 9:30 am,   until late about 8/9 pm, sometimes later.

Her verbal reply was basically,   it's a beauty salon,,   what do you expect,    her text reply below,
"to be quite frank I'm getting sick of it now I'm running a business and you live above a shop... your complaining about noise on a Saturday afternoon. I'm legally allowed to play music from 7am to 11pm."

Sometimes,   its like a party downstairs,   and she is running her venue it like that, with celebration drinks for clients and friends.

This is totally unacceptable and impossible to live with.

 

The letting agent says it is a Civil Matter,   and there is nothing that they can do.

 

The landlord has replied,    through the letting agents,   and said,   I'm not sure what I can do but talk to his commercial tenant in the shop,   which doesn't sound like he is bothered or taking it very seriously at all.



Please can you advise us asap,,    as we are really struggling living with these problems.

 

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It sounds very difficult and it must be very unpleasant. I'm very sorry.

I think the first thing I would do is start phoning the council. Telling them that there are hazardous materials being used on the premises and that also there don't appear to be any smoke alarms et cetera. Do you have an electrical safety certificate?

I'm afraid the only technique I have is to start stirring up trouble as hard as possible. Other people will come along with more practical advice but I think you need to start attracting the attention of the council urgently. Surely the contact details of the landlord are contained in the tenancy agreement? Also, I would go to the land registry web search, search on the address and you may well be able to identify the owner. That might be a good start.

If you are able to get real evidence of the way that the person downstairs runs the business – in terms of witnesses to the vapours, and any photographs of the storage business area et cetera then I think you could also challenge her in nuisance – which is a tort which you could sue her for in the County Court. I don't know if there's any way of getting solid evidence as to the vapours – you will need to look at the Internet and see if it is possible to get chemical detectors which will then register what is coming up and of course that would be used as evidence in court. I don't know if it would help to call the fire brigade and asked them to come along and do an inspection if you really believe there is a fire hazard. – Once again all I can think of is to stir it up as much as possible. If you are sure that the chemicals et cetera are being flushed into the water system then I would also phone the water company – who are they? – And give them information about it as well. Once again you will need to provide evidence and am afraid with all of these people they want a quiet life and so you will have to be persistent about all of your complaints. Otherwise number will pay any attention to you until there is some tragic accident.

In terms of the music I would start recording it – but once again you need to get people there to hear it. I'm afraid a lot of it is going to be about evidence, evidence, and more evidence in terms of any physical evidence you can accumulate, and also the evidence of witnesses to it.

I should start keeping a small exercise book with a daily fairly detailed record of everything that is happening – vapours, noises, opening times, closing times – et cetera.

I do hope somebody else will come along with more practical advice that just to recap, it seems to me that you need to call the council, the water company, possibly the Fire Brigade, and also start thinking about a possible action in the County Court in the tort of nuisance.

We can help you with the county court action.


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By the way, who is the letting agent? And once again, this and this information on the tenancy agreement?

Who is the letting agent?


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Hi BankFodder,     

 

Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.

 

The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.

 

The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.

 

I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.

 

Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?

 

Cheers,    KFC

 

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I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone.

As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information.

I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing.

Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it.

I'm afraid that you need to gear up here.


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Hello KFC

 

Do you know long has this business been running for, was it there before you all moved in ?

 

Quote

 

 

Edited by 45002
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Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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@45002 I have the impression from the initial post that KFC moved there first and the business moved in afterwards. Of course that will be very helpful to any complaints or action they want to bring


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Yea,   that is right,   we have lived there for over two years,,,    the shop underneath was used by the landlord as a business solutions company,   but he hardly ever was there,   then he moved out and was empty for a while.

The current occupier,   the Beauty Lounge,   has only been open month or two.

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Hi

 

With the Music if they are playing live or recorded music they will more than likely require a licence for that.

 

https://www.gov.uk/licence-to-play-live-or-recorded-music

 

https://www.ppluk.com/music-licensing

 

https://www.haircouncil.org.uk/pages/ppl.html

 

The salon owner may think they can play music from 7am to 11pm but not at the level that it is interfering with your peaceful enjoyment of your property that you are entitled to.

 

You also need to contact the Councils Anti Social Behaviour team that deals with noise and report this issue to them directly and ask whether they have the required licence for this.

 

As for the fumes from the chemicals you are smelling and the waste you also need to report this to the Council more than likely their environmental health team but ask them to be sure.

 

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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council planning and environmental depts should be informed. Licence req for certain procedures but the list is quite small compared to what beauty salons get up to. they can go to town on COSHH if they want to but never do

 

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19 hours ago, BankFodder said:

@45002 I have the impression from the initial post that KFC moved there first and the business moved in afterwards. Of course that will be very helpful to any complaints or action they want to bring

 

Thanks, I missed that bit.

 

While I can understand the concerns of the OP,  they need to tread carefully.

 

The OP needs to be aware that the LL could issue a Section 21 notice to the tennnat and this may not be covered by revenge eviction...

 

IMHO


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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Yes, I think you're absolutely right about revenge eviction. And those must be very difficult conditions to live under where you have oppressive circumstances underneath and you are worried about challenging your landlord about it.

I'm very sorry to say that may be the best thing for the peace and quiet of the family and the health of the children is to start looking elsewhere – but it is disgraceful but I'm afraid there are irresponsible landlords – and also irresponsible agents.


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Either way,   my sanity and the health of my family comes first,,,,   

if he evicted me,   would I be responsible for paying the full term that I have signed up until,  which is June ?   or would I be free to move on earlier ?

.

There are a few things that I could use to bargain with the landlord,   like threatening him,,,   you wouldn't want me going to court and claiming back a years rent under the new rule,   would you ?

 ........like getting a new energy performance survey done,   as the last one was back in 2011 and was borderline of E,   I think.   So if I paid £30 and got my own and it failed,,,   could I use that in court to claim back up to a  years rent,,   along with an unsafe wall on main entrance that he promised he would fix last spring,  the open unprotected illegal spot light fitting in the bathroom,,,  polystyrene ceiling tiles in the kitchen,,   and a pipe hole through the wall to the outside in the bathroom airing cupboard that has been ripped out and left.

 

Another thing that I always wondered about,  was the fact that we dont have access to our boiler,,,  that  I pay the gas bill for,,    it is in the shop basement...   is this allowed ?

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If he tried to evict me,   wouldn't he have to have a valid reason, under the new rules,   also,,   I could possibly appeal,,,  if you get evicted,,   do you loose your deposit?   and also would we have to to pay for the rest of the months we originally signed up to,,   until june ?

 

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Hi

 

Have a wee read of this link: https://www.gov.uk/private-renting-evictions

 

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Last Thursday night,     our baby daughter began wheezing coughing and straining to breathe,,,   Friday morning I got an emergency appointment at the doctors,,,   the doctor said she needed to go to hospital.

They arranged an ambulance because they said that she could deteriorate whilst crouched up in baby car seat,   it was too dangerous to go by car.

They put a tiny oxygen mask on her to help her oxygen levels.

To cut a long story short,,,    she has Bronchiolitis,    inflammation in the lungs,   which may be because of ammonia or other fumes etc,,,       I've had very little sleep,,,   and had to take three nights off work.

My baby daughter is still on oxygen,,    but improving,   doctors said she will be in hospital for at least four days.

My wife is shattered,,,   as she is staying with her at hospital,,   but it is difficult for her as she has autism,,   all the noise,  intrusions  she feels more than most.

I worried about bringing her home,,,     I'm still waiting for Environmental Health to come,,,    I'll be phoning them early Monday morning. 

 

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Can the doctors give you something in writing that says what they think caused the bronchiolitis? They may not want to commit it to paper, but if they did it would reinforce your case.

 

I'm pleased that your daughter is heading in the right direction, you've obviously had a worrying time.

 

HB


Illegitimi non carborundum

 

 

 

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Hi

 

I am so sorry to her of your daughters health and do hope she is improving.

 

The difficulty is proving that her present medical condition was impacted/caused by the chemicals used in the salon and whether the Medical Professionals she is under would be willing to put something in writing to the fact (which I doubt they will)

 

I see you have contacted the Council it is also how they approach this now. (have they been out yet or made contact with you?)

 

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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