Cigarette smoke from adjacent flat

Inactive

maninthestreet wrote: »

Incorrect - his smoking is preventing other residents quiet enjoyment of their own flats.

Clearly if it bothers the OP that much, they should have considered that before buying/renting a property with shared neighbours.

The obvious solution is to move to a property with individual access.

dave82_2

You know what makes me really sad is the countless numbers of threads where people can't just speak to their neighbour.

I don't think the OP is targeting smokers its just a smell that is bothering them and they are asking for reasonable advice on how to block the smell! At least they aren't doing the usual :-

"my neigbour is really bothering me how can I take legal action against them"
"have you told them they are bothering you"
"no but I want to sue them"

I also think its funny that people suggest they should have bought a property without neigbours!! LOL Not everyone can afford a detached house!

In answer to the original question there may be other voids between the flats where pipes are shared etc so it might be worth having a look for these. Mate could always smell next doors dinner till this was sorted out!

PZH

Inactive wrote: »

The obvious solution is to move to a property with individual access.

Not always a total solution.

I have an upstairs masionette with my own front door and the lady below smokes. The smell is worse in the kitchen because that is where the pipes run up and down through the floor.

I have used expanding foam (from Homebase) to plug as many gaps as I can, and it is a whole lot better than it was, but the smell is still there in a morning and when I get in after work.

No it's not an attack on smokers, she has every right to smoke in her own home. But, as a non-smoker, I do notice it more than most people.

Inactive

I suspect that there are a lot of people in Japan that would give their right arm to live in the OP's flat.

dave82_2

Inactive wrote: »

I suspect that there are a lot of people in Japan that would give their right arm to live in the OP's flat.

Mate we could use that argument against anyones question or rant.

There is always someone worse off but people have questions and things that annoy them in their own situation. Yes things that annoy us might be selfish.

The OPs question is totally unrealted to the suffering in Japan!

maninthestreet

1984ReturnsForReal wrote: »

Rather than just bluntly correct me & run why don't you stick around for a bit & fill the OP in as exactly what he can do?

If you can, that is.

Section 79 of the Environment Act defines any fumes,gases or SMOKE deemed to be prejudicial to health or a nuisance to be a "statutory nuisance". Section 80 of the Act allows for local authority to intervene in such a situation,evaluate the nuisance caused and require the party responsible for the nuisance to 'prohibit or restrict its occurrance or recurrance'.
If this fails,Section 82 of the Act allows someone to take their case to a magistrates court for adjudication.

Inactive

dave82 wrote: »

Mate we could use that argument against anyones question or rant.

There is always someone worse off but people have questions and things that annoy them in their own situation. Yes things that annoy us might be selfish.

The OPs question is totally unrealted to the suffering in Japan!

I agree, I was just trying to put things in to perspective, I am sure there are many people in this country that have far worse neighbours than the OP, those living near scumbag druggies for instance.

dave82_2

Inactive wrote: »

I agree, I was just trying to put things in to perspective, I am sure there are many people in this country that have far worse neighbours than the OP, those living near scumbag druggies for instance.

Fair play but I still think they are entitled to some help but like you suggest in perspective this should start at the bottom and work towards looking at the legalities not start with the legal stuff.

I suggest trying to locate and block any voids.

Get frriendly with the neighbour and see if you can find out where they smoke so you can locate the voids.

Most of the time people don't even know they are anoying you and we as a populous are really bad at communicating we just build things up then explode at which point it is no wonder the person causing the annoyance gets defensive!

dhil1on

Thank you for all the replies,

The odour/smoke from the smoking can be very potent and heavy at times and can be smelt as soon as you walk into the corridor - i'm sure other residents are smelling it as well and not just me - but it may not be a problem inside their flat?

It does not happen every day but when it does it is disturbing and is a form of passive smoking as it were. I have spoken to the concierge before and they have told me if the person in the flat next door has their window open then the draught may be causing the smoke/odor to escape from their flat and enter mine through the front door.

So after reading the replies, are these the options I have?

1) talk to the neighbor

2) If this does not work my flat is under warranty as it is a new flat and by law can I get a excluder fitted to prevent any odor coming into the flat?

Also if the door I currently have is not fitting correctly i.e. there are gaps present can this be replaced by law?

So is this something that the property management people should be looking into or am I stuck on my own?

dave82_2

dhil1on wrote: »

Thank you for all the replies,

The odour/smoke from the smoking can be very potent and heavy at times and can be smelt as soon as you walk into the corridor - i'm sure other residents are smelling it as well and not just me - but it may not be a problem inside their flat?

It does not happen every day but when it does it is disturbing and is a form of passive smoking as it were. I have spoken to the concierge before and they have told me if the person in the flat next door has their window open then the draught may be causing the smoke/odor to escape from their flat and enter mine through the front door.

So after reading the replies, are these the options I have?

1) talk to the neighbor

2) If this does not work my flat is under warranty as it is a new flat and by law can I get a excluder fitted to prevent any odor coming into the flat?

Also if the door I currently have is not fitting correctly i.e. there are gaps present can this be replaced by law?

So is this something that the property management people should be looking into or am I stuck on my own?

I am not sure that there is a law that says all voids between flats must be filled. I think you would have more luck if you could show that they are a fire hazzerd e.g. if your next door neigbours flat was on fire smoke would come through them rather than the smoke from a fag persepctive.

This is a very bug generlisation on my part but my experiance of property management companies is that they are useless!! Unless you find your wallet being a bit lighter each month useful? You should get in touch with them though you might have a good one.

Before spending any money on a draft excluder for your front door try an old rolled up tshirt or something see if it helps at all.

Out of interest can you smell their cooking as well or just fag smoke?