Cigarette smoke from adjacent flat

maninthestreet

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?

Your flat probably wasn't sold to you on the basis it was air tight, so small gaps under and around the door are to be expected. Which section of which act of Parliament do you think gives you the legal right to an 'excluder' being fitted to your flat?
If your neighbour is causing a nuisance, you need to deal direct with him/her.

liam8282

dhil1on wrote: »

is this a problem with the doors of my flat and the flat next door allowing odour/fumes or a draft to escape

dhil1on wrote: »

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.

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?

Sorry but to me it just sounds like you want a new front door!

There have been a few posts on here explaining that the smoke or at least the smell of the smoke, could be getting into your flat numerous ways, but all you seemed concerned with is the front door.

It is unfortunate if this really is such a problem for you, but your first port of call should be your neighbour, if you truly are so aggrieved by this smoke.

However, I really do not think you will be able to stop a person from smoking in their own home if they want to, and I do not think it will be possible to fill every hole to stop any smoke getting into your flat.

dander

As a non-smoker with smoking neighbours, I completely sympathise. The smell of smoke is disgusting and it's really horrible having it infiltrate your home. However, if your neighbour wants to smoke in their own home, they have an absolute right to do so. You can talk to the neighbour, but there's no point asking them to stop smoking - more sensible to talk to them about maybe sealing their flat better so the smell doesn't escape.

All you can do is try to prevent the smoke getting in. It gets in through gaps, so you have to find and close the gaps.

phill99

dhil1on wrote: »

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?

If its a new flat, it will be under an NHBC warranty. Having worked with house builders trying to deal with NHBC defects issues, I think you will struggle with this one.

Before the NHBC provide a warranty, the property is inspected by an assessor and he will inspect it to confirm that it is of a standard that complies with all current legislation before he 'signs it off'. Therefore, the NHBC will deem the property to be satisfactory.

Yiou could call them and ask them to intervene, but only after approaching the hoiuse builder.

You also need to bear in mind that the odour of many substances will permeate through building materials rather than through gaps and voids etc. Case in point - I live in a brick built terrace house and my ex neigbour smoked a lot of cannabis. I was regularly getting a very strong smell of it in my bedroom. There were no voids as it was a 9" solid brick wall, plastered both sides. It was simply permeating though the brick work.

I terms of your managament company - you probably have a greayter chance of winning £117million on this weeks euro lottery. Most of them are next to useless.

1984ReturnsForReal_2

maninthestreet wrote: »

Your flat probably wasn't sold to you on the basis it was air tight, so small gaps under and around the door are to be expected. Which section of which act of Parliament do you think gives you the legal right to an 'excluder' being fitted to your flat?
If your neighbour is causing a nuisance, you need to deal direct with him/her.

It probably was to an extent actually.

Building Regs part B

muckybutt

Get an asbo slapped on em lol

1984ReturnsForReal_2

maninthestreet wrote: »

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.

:rotfl:


................

That is written all over the web.

Cheers for the cut & paste. Now go & have a look at the comments from councils who have been contacted by the people with a similar problem.

diable

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.

Now that was a stupid comment as what has that to do with this thread?

lagaaa

I used to be a smoker and gave little/no regard to my neighbours! However, this was before smoking was an issue and they never said anything. Point is, if you tell your neighbour it is bothering you they may well take action themselves as no-one wants to upset their neighbours. If they don't know they are causing you a problem why would they change. They do have the right to smoke in their own home but might prefer to do this without irritating you by..eg, opening their window and puffing out it etc. Sorry if this is not a possible solution but would be my first try.

Inactive

diable wrote: »

Now that was a stupid comment as what has that to do with this thread?

As I have said earlier, to bring the issue in to perspective.