How should I tell my landlord that another tenant is breaking their contract?

[Deleted User]

I moved into a flat about 5 weeks ago and I adore it barring one thing: the bloke in the flat below me smokes like a chimney, and because it's just a converted house, there's free air flow up into my flat, complete with carcinogens. Apart from the fact that it reeks, I'm asthmatic, and my breathing problems have got quite a lot worse since moving in. Anyway, my landlord popped round to pick up the mail for the old tenant a couple of weeks ago, and I took the opportunity to ask him if there was anything could be done to stop the fumes coming in. His response was: well Mr Neighbour isn't supposed to be smoking indoors anyway, I'll go and have a word with him.

I spent a joyful 18 hours thinking the problem was solved, but then I came downstairs the next morning to a roomful of smoke again!

Over the last two weeks he's been smoking as normal, and I've been forced to have the windows open any time I'm at home just to have a breathable (but still smelly) atmosphere. If I have to go out, I return to my kitchen, living room, and bathroom, filled with cigarette smoke and uninhabitable by me.

Anyway, I know I can't live like this, and I know that according to my landlord's rules I shouldn't have to, so I should speak to him and let him sort it out. However, I'm not sure how to go about it. I'll basically be ringing him to dob in Mr Neighbour for something he's already been warned about, and something I've already complained about. I don't want to be a pain because I'm a new tenant and worried he'll think it's just easier to give me notice than keep bugging a tenant who's been no problem for years. I really really really love this flat, or I would probably already be looking for somewhere else. Gaaaah hate stress and aggro. Advice on how to handle this?

BitterAndTwisted

You've already informed the LL that the tenant downstairs is smoking so I can't see that there's anything else you can do about this. Complain again if that's what you want to do but it's really up to the landlord how he chooses to handle this situation.

Jowo_2

Even if there is a clause in a contract that forbids smoking, these things are pretty impossible for the landlord to legally enforce. Therefore, unless the tenant cooperates or the landlord serves notice to end his tenancy, there's not much that can be done, and you will have no option but to seek accommodation elsewhere at the end of your fixed term.

mlz1413

If you have signed a 6 month AST then your LL can't throw you out for complaining the same as you can't walk away as it doesn't suit you.

BUT it sounds like the conversion has not been done correctly, you should not get any air from another flat let alone smoke, it sounds like a fire risk to me.

I would not ring but write, something along the lines of:

Dear XXXXXXX,

Further to our conversion on xx/xx/xx about smoke coming into the flat from downstairs, I need to inform you that this is happening on a daily basis.

Whilst I can cope during these dry and warm months by opening the windows it is not a situation I will be able to live with in the near future when the weather turns colder.

Please can you advise when the flat down stairs will be made airtight from my flat?

MissMoneypenny

I have read about people who have been banned from smoking in their own home because the smoke/smell is going in their neighbours house. Perhaps go down that route? If the stinker is smoking indoors in summer weather, then there is no way they will go outside to smoke in the winter.

I hope you only signed a six month contract.

[Deleted User]

BitterAndTwisted wrote: »

You've already informed the LL that the tenant downstairs is smoking so I can't see that there's anything else you can do about this. Complain again if that's what you want to do but it's really up to the landlord how he chooses to handle this situation.

Well the landlord didn't seem impressed when I told him the first time. Because he's already had a word, I presume he'll have expected it to stop.

mlz1413 wrote: »

If you have signed a 6 month AST then your LL can't throw you out for complaining the same as you can't walk away as it doesn't suit you.

BUT it sounds like the conversion has not been done correctly, you should not get any air from another flat let alone smoke, it sounds like a fire risk to me.

I would not ring but write, something along the lines of:

Dear XXXXXXX,

Further to our conversion on xx/xx/xx about smoke coming into the flat from downstairs, I need to inform you that this is happening on a daily basis.

Whilst I can cope during these dry and warm months by opening the windows it is not a situation I will be able to live with in the near future when the weather turns colder.

Please can you advise when the flat down stairs will be made airtight from my flat?

Thanks, I will probably do that. Is there any particular reason why I should write? I'm new to all of this, and writing just seems terribly formal and scary.

I hadn't even thought about the fire risk! The bloke never goes to bed, just falls asleep in front of the tv (I can hear the tv on all night, it usually goes off about 7am, so I guess that's what he's doing). Prime candidate for setting fire to things! :eek:

I did only sign a 6 month contract, but I'll be more than a little peeved if I have to move from an ideal property because someone else breaches their contract!

mlz1413

Writing does make it more formal but it gives you a history so if nothing gets done then you can refer back to dates and requests.

If you would rather ring then make a note of what you asked / said and the date. Then if nothing happens write to the LL as a back up of phone call.


ie: Thank you for talking to me on xx/xx/xx about ...............
As it has been 2 weeks since our conversion I would like to know if you have date set for the work discussed to be carried out.

This will also help you if the problem is not resolved as it will show that you have requested action and for how long.

PasturesNew

Can you get a very loud super-sensitive smoke alarm... that's somehow directed to emitting its amplified noise downstairs? So every time he lights up a fag, it goes off? Pain in the bum to set up... but if he could hear a smoke alarm going off every time he lit up, he might change his ways...

You'd have to find the crack/area where most of the smell was coming from for starters...

PasturesNew

[quote=[Deleted User];35415189]
I did only sign a 6 month contract, but I'll be more than a little peeved if I have to move from an ideal property because someone else breaches their contract![/QUOTE]
Not to mention the fact that places in your price bracket might be very limited, it'd take you time to find somewhere, £150-200 in agent fees, new deposit to be found (£500-1000), new month's rent up front to be paid out, overlapping existing contract by a few days/weeks, cost of van to move.... horrendous.

missdee85

Is the neighbour approachable at all? If so i would suggest going and having a word with him directly i would rather my neighbours did that than wrote to my LL if there is no chance that you can talk to him or have any sort of co-operation from him then definately write to your LL there is no reason you should have to put up with it thats his lifestyle choice not yours so you shouldn't have to sit and inhale his second hand smoke regardless of whether or not your asthmatic, but having an asthmatic son i know how bad it can make the condition so dont suffer in silence he is ruining your enjoyment of a house that you love.

Good luck

xx

[Deleted User]

PasturesNew, I would LOVE to do that! Probably put me a bit in the wrong, though, alas! And yes, all those problems are ones I certainly don't want to deal with. This place is in a safe location, with parking, and for a fantastic price (as well as being a lovely flat in the first place). I was so so lucky to find it.

I'm going to ring on Monday, and then follow it up with a note when I send my rent in a week or so. Hopefully the note will be thanking him for getting the guy to stop!

Thanks all.