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Can neighbour complaints get us thrown out?

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  • dunroving
    dunroving Posts: 1,903 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Being a neighbour involves compromise and it seems she can't compromise. But if you are not breaking the terms of your tenancy agreement, then your smoking is her problem.

    My neighbour smokes and I can smell it in my house (presumably through the floorboards/floor space), and outside in the summer. I wouldn't choose to smell cigarette smoke, but it's not too bad.

    They also have a dandelion farm in their front garden (and thereby I get more dandelions) and they are very lazy about keeping the garden looking neat and tidy.

    But you know what, both of these things are small beans in the big scheme of things. And I probably have habits that bother them (like playing country music). ;-)
    (Nearly) dunroving
  • jimbog
    jimbog Posts: 2,261 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    gemm83 wrote: »
    Hi
    a couple of weeks ago when the weather was nice, a bit of smoke jumped over the fence into her garden

    Pity you didn't film that
    Gather ye rosebuds while ye may
  • elonii
    elonii Posts: 62 Forumite
    I'm a landlord. I'm in touch with someone like her regards tenant activities in one of my properties. He's a flaming pest and drives me mad with a host of imaginary issues. I'm going to bet that your landlord has heard all her various complaints before and isn't interested. The previous tenant probably left because she was annoying rather than being chucked out because she'd complained.

    Enjoy your home, and try to laugh at her rather than let her wind you up!
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker Newshound!
    spadoosh wrote: »
    The problem with pandering to people is it generally requires more and more pandering.

    Spot on!

    Sometimes when I read stuff like this I want to pop round for an afternoon. She wouldn’t dare put her nosy head over the fence again.:)

    If you’re really worried give the landlord a call to discuss the harassment you’re getting. Sounds like he'll know her form. Confirm that he has no problem with you smoking in your garden.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 May 2018 at 4:23PM
    dunroving wrote: »
    Being a neighbour involves compromise and it seems she can't compromise. But if you are not breaking the terms of your tenancy agreement, then your smoking is her problem.

    My neighbour smokes and I can smell it in my house (presumably through the floorboards/floor space), and outside in the summer. I wouldn't choose to smell cigarette smoke, but it's not too bad.

    They also have a dandelion farm in their front garden (and thereby I get more dandelions) and they are very lazy about keeping the garden looking neat and tidy.

    But you know what, both of these things are small beans in the big scheme of things. And I probably have habits that bother them (like playing country music). ;-)


    Wayull, yee-hah all o' y'all! I's a-bettin' Gemm83 arrived on one o' these here

    Seriously, we live the other side of a wall from the chav from hell. I am talking over a year of screaming domestic abuse. The council secured a closure order against the BF over a year ago; that's how bad it was.

    What does the chav do with her new-found freedom? She hosts all night parties from 2 a.m to 5 a.m. every Friday and Saturday night, every one of which involves not just the smoking but the selling of weed. Do the police give a damn? Do they f***.

    The LL has been trying to evict her for months (he's rubbish, tbh) I have had to advise him of aspects of the law he had no clue about and should not have become a LL without knowing.

    Guess what? She is still there and God knows when (if?) he will ever get it together sufficiently to get her out. I hope this puts a few moans about smoking into perspective. No LL can throw you out without a court order and I don't really see one being granted if all you have done is smoke in your garden. All the same, if you do quit you will never regret it; I know whereof I speak. HTH.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gemm83 wrote: »
    ......
    Can the landlord kick us out for this?
    Yes. And no.


    If you have a fixed term contract, you are secure forr the period of the fixed term. She cannot get you thrown out. At the end of the fixed term (or after 6 months if your contract is currently periodic) the landlord could 'throw you out' (well, serve a 2 month S21 Notice) if he wished. So depends if he

    a) cares about the neighbour
    b) believes the neighbour
    enough to lose a good tenant, incur the costs of a void and finding a replacement, and gamble on the next tenant not being worse.
  • Gemm83
    Gemm83 Posts: 237 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Pity you didn't film that
    !!!55357;!!!56834;!!!55357;!!!56834;!!!55357;!!!56834;

    Thank you for all your replies. I totally understand peoples hatred of smoke which is why I have always considered myself to be a considerate smoker.

    LL knew we were smokers before we moved in due to all the application etc.

    Just hope she doesn't pee him off too much.
  • Sympathise with you OP, I am in the same boat (albeit in a mortgaged house). I've previously been a smoker, and now vape which she thinks is weed (how you can mix the smells up I've no idea). Neighbours complain endlessly and are now harassing me and doing their absolute best to wind me up. I started "smoking" outside, blocked off cupboard she could smell it in, started using air fresheners etc. and they still aren't happy and are now actively doing everything they can to "get back" at me. Slam doors all day and night, bang on walls, point speakers at wall, write slanderous statuses on FB...


    Unfortunately seems me being neighbourly and "pandering" to them has escalated things. I would put your foot down, tell her it's none of her business what happens.
  • All the above true about no-one being able to eject you for smoking at the moment.

    But no-one has yet given the standard reminder that the landlord can choose not to renew your tenancy at the end of the fixed term. As you can widely read, this is the LL's prerogative and (in law) requires no reason to be given.

    You might want to consider whether the LL might want you out because of this issue at his first legal opportunity. We have no way of knowing what he will think about the neighbour's complaints.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    gemm83 wrote: »

    A month after moving in one of our neighbours asked us to move our ashtray (upturned flowerpot with a hole in) as it stunk, she could not abide the smell
    Ashtrays do stink. Intermittent smoke is bad enough for non smokers but the permanent smell of an ashtray is avoidable. Can you find a better ashtray?
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