This smells like a nasty problem

Our lawyer, Katharine Marshall, advises what can be done when fumes from a neighbouring property are causing annoyance
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Question: I live in a staggered terrace of houses, where my neighbour's gas flue vents hot and smelly gases directly into my garden. The offending house is owned by a landlord and let to a family.

During a change of tenants a year ago, some renovations were taking place and I asked the landlord if the boiler could be moved so that it vented into their garden. This request was declined. Do I have any rights to demand the flue is moved?

Answer: It is highly unlikely that there will be anything in your deeds or those of your neighbour which would enable you to demand that the flue is moved. There could be a covenant affecting your neighbour's property which prevents him causing a nuisance or annoyance and you may be able to rely on this.

If not, or in any case, you could contact the environmental officer at your local council. They should be able to investigate the problem and help.

What's your problem?

If you have a question for Katharine Marshall please email, or write to: Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, London W8 5EE.

We regret that questions cannot be answered individually but we will try to feature them here.

Katharine is a solicitor and director at Pitmans Solicitors (

These answers do not constitute legal advice to any reader in any specific situation and should not be relied on as such. Pitmans accepts no liability for any such reliance.

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