Neighbour issue

Jude57

jrawle said:

Jude57 said:

Your first link doesn't refer to cigarette smoke but to 'smoke' emanating from a building. It refers also to the Environmental Protection Act 1990 which DOES set out the limited types of Statutory nuisance but again doesn't refer to tobacco smoking.

Your second link specifically relates to cannabis smoke but makes no mention of cigarette smoke. Every case I can find is one where it's cannabis, not just tobacco being smoked.

Here's what a local authority page says about cigarette smoke and cooking smells:

https://www.peterborough.gov.uk/business/environmental-health/noise-and-nuisances#:~:text=Smells from cooking at a domestic residence would,can be investigated under the Statutory Nuisance regime.

It's not illegal to smoke in private premises, which includes gardens. The only case I'm aware of relating to the issue of neighbour's smoke finding its way into another residential property was in New York some years ago. 

Here is an article about a council investigating a complaint about tobacco smoking, which they have a statutory duty to do:
http://news.bbc.co.uk/1/hi/wales/6244315.stm

As I said in my previous post, there are numerous articles about investigations into cannabis smoking. From an environmental health point of view, this is no different from tobacco smoke. Councils don't have the power to prosecute people for possessing an illegal drug, only to fine people for causing a nuisance.

Anyway, if I were the OP, I'd contact the council's environmental health team for a chat to see whether they can help or offer any advice.

That's from 2007 and simply says the Council are investigating. I can't find any reference to any subsequent prosecution but the fact there's no more recent media reports is telling. The situation reported in your link was (and is) so unusual that it merited mention but it's not the same as cannabis smoking and isn't treated the same in practice. One is an unlawful activity (albeit arguably minor) and one is perfectly lawful except in limited circumstances.

Local authorities will investigate anything that is reported to them but that investigation may simply be to look at the complaint, check whether there is a Statutory requirement being contravened and then close the investigation. I'd agree that anyone concerned about a potential health hazard should speak to Environmental Health but with the caveat that they have realistic expectations about what Environmental Health can/will do. Local Government is stretched to breaking just meeting their Statutory duties. There simply aren't the resources (nor, it must be said, the political will) to carry out discretionary services, even when they might once have done so.

Alderbank

jrawle said:

Jude57 said:

Your first link doesn't refer to cigarette smoke but to 'smoke' emanating from a building. It refers also to the Environmental Protection Act 1990 which DOES set out the limited types of Statutory nuisance but again doesn't refer to tobacco smoking.

Your second link specifically relates to cannabis smoke but makes no mention of cigarette smoke. Every case I can find is one where it's cannabis, not just tobacco being smoked.

Here's what a local authority page says about cigarette smoke and cooking smells:

https://www.peterborough.gov.uk/business/environmental-health/noise-and-nuisances#:~:text=Smells from cooking at a domestic residence would,can be investigated under the Statutory Nuisance regime.

It's not illegal to smoke in private premises, which includes gardens. The only case I'm aware of relating to the issue of neighbour's smoke finding its way into another residential property was in New York some years ago. 

Here is an article about a council investigating a complaint about tobacco smoking, which they have a statutory duty to do:
http://news.bbc.co.uk/1/hi/wales/6244315.stm

Neat bit of research.
That news item was from 15 years ago in 2007, the year when the new smoking ban became law in Wales. Councils hadn't figured out how to deal with these strange new rules and some even employed smoking control officers to go round checking that the new regulations were being obeyed. Newspapers loved it and were full of silly stories like this one.

Gwynedd Council started that 'investigation' 15 years ago. Did you manage to find out whether they have concluded it yet or did it just fade away without trace?

[Deleted User]

Every time she goes out to smoke, play some very loud music. Perhaps she will complain about that, and you can then have some constructive conversation. Or possibly she'll just go inside. I hate the smell of smoke - not just that, it's smoke that has been in their lungs, which you then breathe in - disgusting!!

user1977

[Deleted User] said:

not just that, it's smoke that has been in their lungs, which you then breathe in - disgusting!!

Unless you're going to extend this to "breathing too close to you" I'm not sure how that makes it more disgusting? You'd be breathing in the same air, just without the smoke added.

rach_k

I sympathise.  We have tiny gardens and our neighbours are very heavy smokers so I don't open the windows or doors at the back of the house.  I don't particularly like the kids being in the garden while next door are smoking either.

One thing I have noticed is that when next door put up a gazebo in the summer - right next to the fence between us - even though they are actually closer than usual, the gazebo seems to change the way the air flows between our gardens and it is much more tolerable, even at the upstairs windows, which are well above the height of the gazebo.  I've bought a garden canopy which I will put up when the weather warms up, extending from the back of the house out along the fence between us - I hope that will have a similar effect.  You could try the same perhaps - you can often get basic gazebos really cheaply (that's what the neighbours use) or you could try something like the Ikea canopy I have.

LifeisYours

babyblade41 said:

I would probably think long term of aiming for detached , this would be very beneficial to the nasal passages unless you live rurally & that brings a whole different level to obnoxious smells .. sometimes the smell of fox poo mixed with badgers can be slightly overwhelming at times 

I would like nothing more of owning a detached. I made an offer on a few detached properties over a year ago however the demand was crazy and the offers being accepted were well over the asking price and out of my reach! Unfortunately the current interest rates have made this a pipe dream also.
 

born_again said:

HampshireH said:

I really cannot see how this will be resolved. As you say the neighbour is entitled to smoke by their back door.

This is the risk you run of buying an attached house and not a detached property with space round it.


The seller probably didn't have any neighbour issues. It probably never bothered them to become one.

If it's a rented property they may not be able to smoke in the house.

Unfortunately it's not a rented property.

bexoxo60 said:

Every time she goes out to smoke, play some very loud music. Perhaps she will complain about that, and you can then have some constructive conversation. Or possibly she'll just go inside. I hate the smell of smoke - not just that, it's smoke that has been in their lungs, which you then breathe in - disgusting!!

I agree - the smell of smoke is foul.

 

gingercordial

If you have a fence between you, could you make it higher, add some trellis & dense plants, high bamboo, a sail or something?  It might be enough to deflect the smells away or reduce them a bit.

_Sam_

Skiddaw1 said:

Like so many neighbour issues, what one person finds perfectly acceptable another person finds intolerable.

But there have to be some boundaries... A person couple of posts above finds their neighbour breathing intolerable, would you say that that too can be understandable?

sheramber

My neighbour and het two sone all smoke. For some reason , during lockdown she always smoked outside the back door.  The smell wafted into mu garden making it very unpleasant to be out in the garden , whether sitting ot gardening.

After lockdown she no longer smokes at the back door.

My son used to live next door to an Indian family who cooked very aromatic food every evening with the back door open, while she stood outside having phone conversations  in a loud voice.  

housebuyer143

sheramber said:

My neighbour and het two sone all smoke. For some reason , during lockdown she always smoked outside the back door.  The smell wafted into mu garden making it very unpleasant to be out in the garden , whether sitting ot gardening.

After lockdown she no longer smokes at the back door.

My son used to live next door to an Indian family who cooked very aromatic food every evening with the back door open, while she stood outside having phone conversations  in a loud voice.  

Barking dogs get me! There is always one.
Most recently we live next to one that has the most monotone bark I have ever heard. 
Reminds me when Homer makes that webpage and it opens with a barking dog 😆😆 

Nothing you can do though if it's only barking occasionally. Other people exist in the world, and you have to try and tolerate them.