Building Regulations

[bdh198]

I have a tenant in one of my properties who has raised an interesting issue.

The property (a three bedroom terraced house situated close to a motorway) was built in about 1996. Because of the noise from the motorway, the houses in the area were built with an internal ventilation system (Fleebu). The purpose being to ventilate the house, in particular the bathrooms, without needing to open a window. In addition, neither of the bathrooms in my property have a window.

Since I have owned the house the Fleebu system has not worked. I lived in the house for nine months (during the summer) and never found the lack of a working internal ventilation system caused any problems. The previous tenant who occupied the house for six months never raised any concern regarding the ventilation.

The new tenant is, however, demanding that the ventilation system is fixed (this could be at a significant cost). He has sent my agents a letter from his father who states that he was involved in the original construction of the houses and therefore claims to be an authority on the ventilation systems. The father states that the houses were provided with a Fleebu unit because of the proximity of the motorway and the related noise when a window is open. However, the father then goes onto state that the buildings should not be occupied unless the ventilation system is up and running and that his son should avoid using the bathrooms because of the risk of 'damp and mould growth and associated medical/ environmental problems.' I can say for certain that there is no mould or damp anywhere in the property.

I am aware that there are building regulations relating to ventilation, in particular Paragraph F1(1) Schedule 1 of the Building Regulations 2010.

Does anyone know how this would relate to a rental property? The regulation, as far as I can ascertain, places an obligation on the builder not a landlord. I appreciate that having a working Fleebu system would provide a more comfortable environment; however, the lack of the system is certainly not detrimental to enjoyment of the property and does not make the property uninhabitable. There is also nothing in the tenancy agreement stating the property comes with a working Fleebu system.

I will, of course, investigate to see how much it will cost to get the system working and to see if it can be done quickly and easily, but I am concerned to know if I actually have an obligation to get the system working. If I don't, and if it is prohibitively expensive to fix and maintain the system, then I shall look at whether it is worth specifically excluding a working Fleebu system in the tenancy agreement so any future tenants can be left in no doubt.

If anyone has any thoughts I would be extremely grateful to hear your opinion.

P.S. The tenant has also said in his letter that he will be withholding rent until the problem is sorted out to his satisfaction. How to deal with this is a separate issue, but I will need to know if I am under and obligation to get the Fleebu system working before tackling this issue!

[Carryon Regardless]

So far the T hasn't informed you of any defect, just to be pedantic.

It's reasonable to expect a form of ventilation for a bathroom, all too often though LL's find t's prefer not to let the heat escape and ruin our decoration with the effects of condensation.

A 't' threatening to withhold rents should be expecting a S21 from me, and I would prefer to get that in before any possible involvement by a housing inspector who once having served you with a notice of improvement would be preventing you from taking the S21 route until the notice has been satisfied.

I don't know if his would be an inspectors concern though.

[Richlist]

I have no experience of & have never heard of a 'fleebu' ventillation system BUT many properties that are nowhere near motorways have bathrooms & kitchens without windows......I have a couple myself. The usual method of ventillating is a ducted extractor fan. As far as I am aware there is no legal requirement for an extractor fan to be working. Replacement costs for a conventional extractor fan is quite small

In your shoes my first (free) port of call would be my local council environmental health department. They will tell you if you are allowed to have the system out of action. I can't imagine that repair costs will be very much anyway.

[Chestnut]

You need to check how building regs affect date of house (1996) or what regs in place when built.

My understanding is that current new build houses and extensions are expected to have extractor fans fitted in all rooms with a water supply (tap/toilet/shower) irrespective of opening windows and doors, but I don't think current reg. applies to constructions which predate it.

However as house is rented, and with no opening windows, I would want to get the ventilation fixed to cover the risk of mould growth, which could be dependant on habits of tenant.

Never mind obligations. Non-working equipment puts landlord in a weak negotiating position, whatever the issue.

A successful S 21 would solve for this tenant, but what about the next one?

[Melboy]

I've never heard of Fleebu either as a trade name and I can't find any reference to it.

This system must be a fully integregated air extraction system built within the whole property rather like a warm air heating system only designed to extract air.

Mel.

[bdh198]

Thanks for the replies

I will check to ensure that the agents have issued a s21 in case this tenant starts causing problems. However, I will investigate the cost of repairing the system and try and sort out the concerns.

Melboy is right, it is an intergrated ventilation system which is why I'm concerned it will be expensive to repair / replace. However, my original post was misleading; the system is Flebu (not Fleebu)!

[Melboy]

Thanks for the replies

I will check to ensure that the agents have issued a s21 in case this tenant starts causing problems. However, I will investigate the cost of repairing the system and try and sort out the concerns.

Melboy is right, it is an intergrated ventilation system which is why I'm concerned it will be expensive to repair / replace. However, my original post was misleading; the system is Flebu (not Fleebu)!

These integrated ventilation systems are usually to be found in North American buildings to provide circulation of air in timber or timber framed buildings with skin brick facings to prevent any build up of condensation, steam, water vapour etc. which would affect the timber framework such as warping, rot etc. American timber (lumber) is nowhere as good as out UK timber. I happen to know this as I have spent some time in the USA and got to know their methods of construction.

Whereabouts is this property located Solent? Has to be near the M27?

Mel.

Edit: Your right Solent google Flebu for contact information and if yours is a heat recovery system as well as ventilation then it won't be cheap BUT maybe your system is repairable? Might be worth a qualified person takes a look at the system to see if there is an economical fix.

[bdh198]

These integrated ventilation systems are usually to be found in North American buildings to provide circulation of air in timber or timber framed buildings with skin brick facings to prevent any build up of condensation, steam, water vapour etc. which would affect the timber framework such as warping, rot etc. American timber (lumber) is nowhere as good as out UK timber. I happen to know this as I have spent some time in the USA and got to know their methods of construction.

Whereabouts is this property located Solent? Has to be near the M27?

Mel.

Edit: Your right Solent google Flebu for contact information and if yours is a heat recovery system as well as ventilation then it won't be cheap BUT maybe your system is repairable? Might be worth a qualified person takes a look at the system to see if there is an economical fix.

You're right, just off the M27 motorway!

[chrissmith]

Hi,

As a surveyor, I can tell you that the Building Regulations relate only to new build and refurbishment activity that require Building Regulation approval. Once the building has been completed, the Building Regulations no longer apply to it.

[Guest caravanj]

Hopefully your system will be extraction only which will consist of ducting between all wet rooms with a single fan to extract moisture through the external vent so I would imagine that you just need to replace the fan motor which should be a simple job.

If it's a heat recovery system & the main unit's gone then it'd be far cheaper to fit a standalone extractor fan into each wet room or room with no windows. You can also retro-fit trickle vents into UPVC double glazing.

Speaking as someone who's installed commercial air conditioning & extraction systems I regard these domestic systems as just expensive gimmicks.

I don't see that your T can insist that you repair the Flebu system, he can only insist that the house is ventilated adequately. The link below may help you to work out which system you have.

http://www.villavent.co.uk/index.htm