having heat at the moment and we had heat the first two weeks of June.
don't think that in the period from 26 June until about 4 July the ambient
temperature rose inordinately.
the table, I honestly don't think you've got enough figures to convince a court..yet.
would be necessary (the table is not particularly easy to follow) to chart the
ambient air temperature from the Met office weather site over the last month
and then Interpolate the ambient temperature in the studio, along with the
dates that the Yoga business has been working.
course, in winter, this will be a bonus, but unfortunately, in summer it is a
need to wait until the outside temperature drops (which, knowing Great Britain,
will not be long!) and then see if the temperature in the studio drops.
that you do come up with a table that would be sufficient to convince a court
that this rise in temperature to a completely (in my opinion) unacceptable
level is attributable to the other business, then you can seek an injunction to
stop them doing this and for compensation for any lost business (very difficult
claim against the other business is in common law Private nuisance and possible
breach of the terms of their lease, which presumably says that they've not got
to cause any problems or be of any annoyance to other users in the building.
can also do the same against the landlord because he is allowing it to happen.
is no legal reason why you cannot do this yourself. However, there is no reason
why you cannot take your own appendix out. This is something however, which is
going to be better dealt with by a solicitor. Before going to see a solicitor.
You need to make sure that you have all your evidence in place. I would also
get an environmental type expert to look at the figures that you have regard to
the dates and the temperatures and to visit the building, and to give an
opinion on where this heat is coming from.
get me wrong, I am of the same opinion as you are, that this heat was becoming
via upstairs and perhaps it is actually heating the bricks of the building up,
and that is then being transmitted to your premises. The expert needs to put
temperature probes onto the walls and ceiling to see if the heat is being
transmitted that way.
somebody could use a thermal imaging camera, which would show the extra
ordinary heat coming from this building (and from your part of that building)
compared to other buildings in the vicinity.
than face court and the application for an injunction and costs, the landlord
may be agreeable to let you terminate the lease but that may not be a viable
option depending on the availability of the premises and depending on the cost
of moving. One thing about moving is that unlike a court application, provided
the landlord consents, it is risk-free. There is always a risk if you go to
court and you could face substantial legal costs if for any reason you lose.
that answer the question? Can I help further? Can I answer any specific points?
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