Tenants smoking

Guest101

I'm shocked that the OP makes such a distinction between 'owning' and 'renting', when in fact both parties 'own' a lease.


Self-entitlement on this thread is absurd.

antrobus

tizzle6560 wrote: »

...What are the rules around smoking in or on a rented property and would you suggest we speak to the estate agent who manages it on behalf of the owner who lives abroad from what we know....

The "rules around smoking in or on a rented property" are exactly the same as the rules around smoking in or on a leasehold property, or even a freehold property.

You have a complaint regarding the behaviour of your neighbours. The fact that your neighbours are mere tenants isn't really all that relevant. It only matters to the extent that if you complain strongly enough to the LA/landlord, you might get them evicted.

agrinnall wrote: »

There are no rules, it's down to what the Tenancy Agreements says. You can speak to the EA but if it's not prohibited they won't do anything, and even if it is it's unlikely that they'll do anything unless the LL has been very strict about it, and even then they may not be able to stop it other than by evicting.

I would guess that the Tenancy Agreement prohibits smoking in the flat which is why the tenants go down to the front porch to smoke, rather than do so in the comfort of their own home.

There is probably a clause in the TA that requires the tenants not to cause a nuisance to their neighbours. (There usually is one.) A landlord could threaten to evict if the tenants continued to cause a nuisance.

A complaint to local council's enviromental health officer might be worthwhile.

Guest101

antrobus wrote: »

The "rules around smoking in or on a rented property" are exactly the same as the rules around smoking in or on a leasehold property, or even a freehold property.

You have a complaint regarding the behaviour of your neighbours. The fact that your neighbours are mere tenants isn't really all that relevant. It only matters to the extent that if you complain strongly enough to the LA/landlord, you might get them evicted.



I would guess that the Tenancy Agreement prohibits smoking in the flat which is why the tenants go down to the front porch to smoke, rather than do so in the comfort of their own home.

There is probably a clause in the TA that requires the tenants not to cause a nuisance to their neighbours. (There usually is one.) A landlord could threaten to evict if the tenants continued to cause a nuisance.

A complaint to local council's enviromental health officer might be worthwhile.

I'd suggest the OP should buy a freehold, with sufficient private land on all sides as to avoid this arising in the future.

HappyMJ

Guest101 wrote: »

I'd suggest the OP should buy a freehold, with sufficient private land on all sides as to avoid this arising in the future.

That would be the ultimate solution albeit an expensive one.

I doubt much can legally be done so the only real solution is to hand in notice and find somewhere else to live.

spadoosh

Got the same issue, people keep driving past my house and polluting all my fresh air and damaging my health. Only solution ive been able to think of is moving to the back end of nowhere, so thats the plan.

Complain about smokers damaging your health yet uses a computer that blatantly poisoned those who mined/built the parts. LKet me guess you also drive? Your killing me. Mains gas or electric? Yep thats also killing me. Slightly less than healthy diet? Killing yourself. How much unneeded waste do you produce a year? Yup thats killing me too. OK though, not in my back yard.

Sorry but sometimes you just have to accept that you can not control the actions of others.

If its something you cant deal with i would be looking at moving.

Incidentally, you should avoid BBQs (i heard that 30 mins next to a bbq is equivalent to 6 months in a room with a smoker but dont know how true that is). But yeh generally BBQ loads more worse than smokers smoke (more particulate matter so doesnt get dispersed in the air as well).

oligopoly

Find out what they don't like (loud music? nudity? spiders?) and exploit!

Grenage

Nothing says "You displease me", like tarantulas through your letterbox.

theartfullodger

tizzle6560 wrote: »

We live in (& own) a ground floor flat in a Vic conversion. Tenants in flat above smoke right outside the main front door which is adjacent to our front living room window.

We have repeatedly and politely asked them not to smoke in the front porch way and to instead go down the path to the pavement to smoke, as I have an asthmatic condition and the smell generally filters into our living room when windows are open, and stinks out the communal hallway as well.

What are the rules around smoking in or on a rented property and would you suggest we speak to the estate agent who manages it on behalf of the owner who lives abroad from what we know>

Thanks!

You could try suing them for harassment...
http://www.legislation.gov.uk/ukpga/1997/40/crossheading/england-and-wales

For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

- in other words it not if you think it's harassment, it's if a "reasonable person" would,,,

- but I suspect you'd lose and they could sue you for harassment...

This is a simple neighbour dispute. As said above, renting or owning makes no difference.
https://www.citizensadvice.org.uk/housing/problems-where-you-live/neighbour-disputes/

Try a calm and polite letter to your neighbours on the subject. Invite them round for tea & cake for a chat...

hazyjo

They need to be tempted elsewhere. Can the management co (if there is one) add a decked undercover area away from windows/the building with somewhere to stub out their cig butts?


Jx

spadoosh

oligopoly wrote: »

Find out what they don't like (loud music? nudity? spiders?) and exploit!

Or they could just close the windows and get out some febreeze when they leave.

Lavenders pretty good at covering smells too. Maybe a few little plants to hide the smell and for them to put their butts in?

Option 1 and 2 are likely to result in the OP having to speak to council people and the police. Option 3 theyd have to be Dr dolittle or am i missing something?