Please continue the search as I do want this answered if possible.
Hi, no the lease does not state that you cannot have a fan.
The management company have written a letter regarding another issue to do with our pergola in our back garden, stating a clause in the lease about not making any alterations internally or externally.
At the end of the letter, the have written:
'Whilst writing the Directors have also asked that we request that you remove your extract fan which is causing noise disturbance to others.'
I also need advice regarding the pergola issue but will raise that as a separate question so you can be paid for that separately.
12 (d) …nor to commit in or upon the demised premises…any act or thing whatsoever which shall become a nuisance annoyance or disturbance to the Landlord or to the owner or occupier of any neighbouring property….
Of course! It is a tiny one bed basement flat:
- The lounge is open plan with the kitchen
- The kitchen area does not have a window
- If I cook without using the fan, the condensation builds up in minutes saturating my kitchen and lounge and furnishings. This is also dangerous for the electrical sockets in my kitchen as condensation drips into the sockets.
- The only way to have any air is to open my lounge window or front door which is through the porch (separate room) which doesn't extract anything. This is totally impractical, especially in the winter when it will be freezing cold and also from a security point of view.
- The flat already suffers from damp and mould even using the extractor fan so this will be impossible to deal with if I don't use the fan.
If we are talking about the bathroom fan:
- My bathroom is ensuite with my bedroom and the bathroom does not have a window. There is no other ventilation for the bathroom.
To not be able to use my extractor fans on a daily basis for cooking and showering would have serious consequences on the condition of the flat with damp and mould. Again I have to stress that this is already a major problem even with the fans in use so to not use them would be impossible.
My quality of life would be severely affected for the above reasons, plus I also suffer from asthma.
That's great, thanks for this.
I think on this basis they will tactics and say that I never obtained permission to install an extractor fan which would have meant making alterations to the property. If they say this, where do I stand?
Ok, thanks. Is that referring to my personal health purposes or the Environmental Protection Act.
So can I quote the Environmental Protection Act to them in my reply?
Fantastic, thanks so much.
Will you be available tomorrow to answer a question about my lease relating to my fence and pergola? If so, I will send the question to you in the morning.