Tenants smoking

Guest101

If the OP has come out to the smokers in the same fashion "Don't you know we 'own' this flat..." I can understand the tenants deliberately not moving away.

sam3103

I can see this from the other perspective. Me and my husband used to be smokers (we quit about 8 months ago). We live (and own) a ground floor flat and the woman (tenant) in the flat opposite complained to her landlord about us smoking outside also due to her having asthma.
First off you have done the right thing by asking them first. It annoyed us (especially after my husband helped her move heavy items into her flat when she moved in) that she didn't speak directly to us first.
The landlords letter to us was quite nasty and made us feel uncomfortable living in our own home.
If you have asked them and they have ignored you then maybe mention it to the estate agent but stress that it is handled sensitively. There is nothing worse than feeling like you have to avoid your neighbours in the hallway.
The landlord in our case was going to ask the freeholders to build a smoking shelter but we told him there was no need as we were about to quit smoking anyway. Maybe that may be a possibility?

stokesley

I haven't smoked for years, but would love to know how very sensitive people coped before 2007, when it was permitted just about everywhere.

HappyMJ

stokesley wrote: »

I haven't smoked for years, but would love to know how very sensitive people coped before 2007, when it was permitted just about everywhere.

They didn't go out.

Jagraf

Where do they put their cigarette ends?

Soundgirlrocks

It is probably worth looking at your lease, whilst smoking in its self outside you window might not be against the lease, there is probably a clause about causing a nuisance or annoyance to other leaseholders Leasehold Advisory Service It's the clause we used to force the eviction of a tenant who was allowing drug dealing from his flat:eek:

Whilst I not advocating trying to get your neighbour evicted in this case (bit extreme!) it might focus their landlords attention and get him to ask them to be a little more considerate.

rtho782

If the OP truly has asthma, that is so bad that the faintest whiff of cigarette smoke that has drifted around outside, then managed to drift in the window, through the netcurtains, before being dispersed in the room sets them off....

Then I have to assume their asthma is so bad they cannot move from the spot they are sat in, although, I do wonder how they managed to smell it through the oxygen mask they must be wearing.

Guest101

Soundgirlrocks wrote: »

It is probably worth looking at your lease, whilst smoking in its self outside you window might now be against the lease, there is probably a clause about causing a nuisance or annoyance to other leaseholders Leasehold Advisory Service It's the clause we used to force the eviction of a tenant who was allowing drug dealing from his flat:eek:

Whilst I not advocating trying to get your neighbour evicted in this case (bit extreme!) it might focus their landlords attention and get him to ask them to be a little more considerate.

Be aware that there are legal definitions of nuisance ( which legally is the same as annoyance ) http://legal-dictionary.thefreedictionary.com/nuisance

In essence the action must be unreasonable, unwarranted or unlawful.

Not to you, but to 'the reasonable person'.

freeisgood

I really feel for you OP, the slightest whiff of cigarette smoke has always made me want to retch...we rented a ground floor flat in a communal block...on a breezy day the smoke from the flat next door would literally blow thought our front door(letterbox, lock, underneath etc) seams and waft in...I found it such an invasion of personal space...worse than noise pollution.

PS Yes, pre 2007 I quite literally never went out to any pub or restaurant that allowed smoking...I couldn't eat my food for feeling sick

Soundgirlrocks

Guest101 wrote: »

Be aware that there are legal definitions of nuisance ( which legally is the same as annoyance ) http://legal-dictionary.thefreedictionary.com/nuisance

In essence the action must be unreasonable, unwarranted or unlawful.

Not to you, but to 'the reasonable person'.

"Private Nuisance
A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.
Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures." Legal Dictionary