Bad smell from neighbours

[pinkmews]

We live in a Victorian terrace that has a back yard.

Next door neighbour has the same plot/house but they had their yard concrete torn up and grass put down to make a garden.

We are on really good terms with them and our kids play together.

Sometimes we go round for dinner and they come to us.

A really bad drain smell started in theirs about 2 years ago. We noticed it at first (thought it was ours) but quickly realised it was from theirs.

One night we were in their garden having dinner and the smell happened (I honestly don't know how they cope with sitting in their garden, it's that bad) and they looked sheepish and apologised and said that when they had the work done to the garden somethings went wrong and now they have this smell whenever their washing machine/sink (or something like that) is on. But they said it's super expensive to fix as it involves lifting their garden and digging quite deep.

They asked if we could smell it and we said yes. They said something like 'we need to get that sorted but it's so expensive'

This was over a year ago and since then one of them has been made redundant but the smell is much worse and they're in the house more working from home and so using their sink/washer more.

It feels like every time I open my back door it stinks, it's a really grim drain smell, and because the weather is warmer I want the door open more.

I just feel so guilty asking them to sort it as they are skint, but it's bothering us.

Any ideas on what my rights are over smells, and how I can diplomatically nudge them.

Anyone?

Sounds like they damaged some sewers piping when removing concrete so it over flows at certain points. If it was just dish washer water coming out of drain to fast it shouldn’t smell.

You could refer it to environmental Heath if it is sewage smell surely they can inspect even if it’s their bill to get it fixed. Isn’t that what house insurance is for accidents damage? I would want check it wasn’t raw sewage coming up for starters.

I think you should probably make a report to the environmental health department at your local council. They could possibly be contaminating the ground (maybe with untreated sewage). Alternatively it does fall within the remit of air pollution, but the council officers who follow up the report will have to use their discretion in determining whether it meets their criteria (as there is no way to scientifically measure the smell).

What sort of smell is it - rotten eggs, poo, stagnant water?

Have you asked why they haven’t rang their house insurance to get it sorted?

I stand to be corrected, but legally I don't think you have a remedy. That sort of thing would come under the heading of statutory nuisance. But the definition only applies to smells from industry, trade or business premises (for example, sewage treatment works, factories or restaurants). It doesn't apply if the smell comes from someone's home.

www.gov.uk/guidance/statutory-nuisances-how-councils-deal-with-complaints

But if it is sewage over flow and with heavy rain it could mean it’s running into OP gardens. There is difference between just bad smells and risk to health.

That's true, but that's a big if, and I assume that the original poster would have told us if the neighbours were actually paddling in shit!

Sounds like a broken sewerage pipe that at the moment is oozing under their land.

If they leave it be, it will eventually clog and then it will back up and start coming up through other neighboring properties' toilets and sometimes baths and sinks.

It needs to be sorted out.

Since you say you're on really good terms with them I think you should bring it up again. Tell them how it's bothering you and ask about their plans to fix it, do they have a timeline and clarify what the problem actually is.
In the meantime I'd plant up some very fragrant flowers or herbs to help mask it.

The environment agency can inspect and confirm the issue by request of concerned neighbours. If the pipe that is damaged feeds into multiple houses, legally it may be considered a minor sewer and the LA will take care of it. The law changed on this in 2011.

If not, the council can issue enforcement notices to carry out repairs, but are often hesitant to issue these when the issue is within the footprint of the house. EH may issue an abatement notice, or require the neighbours to make the best practical changes given their financial situation.

Local EH often have mediation services that can help navigate these issues, which would be my suggestion, but be prepared to go to court. In preparation, keep a diary of the smell and when it occurs, where, environmental factors and ‘strength’. Be sure to note down how it impacts your life each time eg unable to hang washing up, unable to sit in my garden.

Collating confirmations from EH, the council, and an independent plumber may push your neighbours to take action rather than go to court, but not really a diplomatic solution. This would be under Section 82 of the Environmental Protection Act 1990, and goes direct to a magistrate.

Well, it's going to need fixing at some point and will only get worse. You need to talk to them again about it.

Definitely speak to EH and keep records of when it smells and what it smells like. They'll understand what it could be depending on if it's a poo smell, stagnant water or eggy smell. It's their damage and it must be affecting other neighbours as well as you, it's their responsibility to deal with this asap.

It's the smell of drains, not poo I can't describe it other than drains.

Sounds like their beef is with the contractors who did the garden. I can't see any household insurance company admitting a claim.
I wonder if they used legitimate contractors or a cheaper alternative.

Have they a diagram showing the line of the drains and could they not easily dig their own “trial hole” themselves to locate the pipe, what depth it’s at and where the problem is?

I would have thought a small contractor could then install a repair to the pipe quite easily and cheaply?

Is it a bit like gas or garlic OP? It could be Hydrogen Sulphide which does carry a health risk but depending on where its coming from can be treated by Chlorinated Bleach /Vinegar. However it sounds like the neighbours are aware what the cause is and the cost. Its where bacteria develops and causes a smell and can go on to block completely

basementissues.com/washing-machine-rotten-eggs/

Are they on a septic tank or mains?. My old house had a septic & it smelled like this when it needed pumped out. Once every 4 yrs or so