Can neighbour complaints get us thrown out?

z1a

cryptoking18 wrote: »

I think She wont be able to do anything. . You cam smoke in your garden but I think you should take care too that smoke wont disturb her continuously, you might get in legal trouble if its more

Absolute rubbish.

need_an_answer

cryptoking18 wrote: »

I think She wont be able to do anything. . You cam smoke in your garden but I think you should take care too that smoke wont disturb her continuously, you might get in legal trouble if its more

There is no law at present that prevents people smoking or vaping in an outside space.

I doubt very much that anything the OP does in her garden regarding smoking conventional cigarettes would be unlawful.

I know several pub gardens that have dedicated smoking shelters close to neighbouring gardens,its inconsiderate on the neighbouring properties but not against the law.

davidmcn

need_an_answer wrote: »

There is no law at present that prevents people smoking or vaping in an outside space.

I think that poster is just a would-be spammer bumping up their post count, if you check their other "contributions" this morning.

PhilE

need_an_answer wrote: »

There is no law at present that prevents people smoking or vaping in an outside space.

I doubt very much that anything the OP does in her garden regarding smoking conventional cigarettes would be unlawful.

I know several pub gardens that have dedicated smoking shelters close to neighbouring gardens,its inconsiderate on the neighboring properties but not against the law.

No there isn't, but if the neighbor were to go to her doctor and subsequently the council complaining of health problems due to inhaling large quantity's of smoke over a prolonged period, it could potentially become an issue.

However, in this case it sounds more like its just the occasional quiet fag in the back yard, from a neighbor who is apologetic and wants to get along. I'd be happy occasionally smelling a cigarette from a good neighbor as opposed to some unapproachable, potentially violent chav acting like they own the neighborhood.

need_an_answer

PhilE wrote: »

No there isn't, but if the neighbor were to go to her doctor and subsequently the council complaining of health problems due to inhaling large quantity's of smoke over a prolonged period, it could potentially become an issue.

However, in this case it sounds more like its just the occasional quiet fag in the back yard, from a neighbor who is apologetic and wants to get along. I'd be happy occasionally smelling a cigarette from a good neighbor as opposed to some unapproachable, potentially violent chav acting like they own the neighborhood.

I would be very interested to read any examples you have of this where a council has become involved.

I expect that extremely high amounts would need to be inhaled although I'm still not aware of any prosecutions that would hold up if made.

I remember when Roy Castle died some years back his lung cancer was attributed to his years of passive smoking but I don't remember there being any lawsuit or anything other than an "unfortunate" being attributed to it.


I believe it would be impossible for the neighbour to prove that the source of any illness or suffering was as a direct result of the OP.


there are far too many other smokers around walking down any one street to hold one person accountable.

Your earlier post suggested that vaping might be more acceptable,I personally find it disgusting to inhale the left over fog that is created by them when you happen to walk behind someone vaping then trying to guess the flavour which invariably is a sweet smelling peach or salted caramel!

PhilE

need_an_answer wrote: »

I would be very interested to read any examples you have of this where a council has become involved.

I expect that extremely high amounts would need to be inhaled although I'm still not aware of any prosecutions that would hold up if made.

I remember when Roy Castle died some years back his lung cancer was attributed to his years of passive smoking but I don't remember there being any lawsuit or anything other than an "unfortunate" being attributed to it.


I believe it would be impossible for the neighbour to prove that the source of any illness or suffering was as a direct result of the OP.


there are far too many other smokers around walking down any one street to hold one person accountable.

Your earlier post suggested that vaping might be more acceptable,I personally find it disgusting to inhale the left over fog that is created by them when you happen to walk behind someone vaping then trying to guess the flavour which invariably is a sweet smelling peach or salted caramel!

I said potentially become an issue, not that the council would definitely take it up. There have been stranger things in court cases.

But obviously, in most cases the smell of an occasional cigarette from outside is probably not going to be looked into.

Yes I did say vaping 'may,' be more acceptable. I didn't say it definitely would as some like yourself do not like it.

Cakeguts

I think this is going to depend on quantity. I think many people would get a bit annoyed if there was constant cigarette smoke arriving from next door. 5 cigarettes a day is one thing but 30 is something different. 30 is only 15 each. 30 is more than one an hour. I would find that annoying if I was sitting in my back garden and every 30 minutes or so cigarette smoke wafted around the area for about 15 minutes. It isn't just the number of cigarettes it is the duration of each one.

Gemm83

Thankyou for all your posts.

We smoke around 15 each a day. Week days we are out for work by 6am and not home till 7.30ish pm. Even at the weekends we are mostly out during the day.

We will continue to be as polite and courteous (well I will) and see what happens. We had our first inspection on friday evening and feedback was that it was like a show home and that the garden was pristine (we've jetwashed patio and put lots of bedding plants). Hopefully that will be enough for the landlord to be happy with us, despite the odd complaint from the neighbour!

Thank you all!

need_an_answer

OP I am a non smoker and find it an awful habit but in honesty those who don't like smokers will never stop them.There is no evidence to suggest that anyone other than the LL would evict you and those on the thread that have suggested that the council could become involved are doing little more than scaremongering.

Ultimately the property belongs to the LL and as such he will always be responsible for eviction whether that be for smoking or whatever.


Far too many other inhabitants of the country smoke to pin the badge of passive smoking onto your neighbour and furthermore attribute any health issues directly to you.

It is actually my personal view that she is doing just as much harm to her lungs walking down a high street of vehicles idling with exhaust fumes and other smogs than the amount of nicotine you and your husband could blow over her fence

LandyAndy

Mela322 wrote: »

Hate to have neighbours like that? This couple has pretty much bent over backwards to please their neighbour. I don't like smoking either but I would rather have nice neighbours than ones that don't smoke and climb on chairs to interrupt their neighbours, or the kind that tell you what to do on your own property. Or even imply they will complain about them to the landlord. Even with all that, this couple have still sent out a welcoming hand.

e.

No. This couple smoke and their neighbour finds it offensive to have to smell that continually. They have done little or nothing to address that.
You might also like to google 'straw man'.