Living above chain smokers

MissRomeo84

Hi everyone,

I would like some advice.

I bought a shared ownership flat in 2022, and I have had issues with my neighbours below me since then. Stupidly of me, I shared my number with them because I got a treadmill and wanted to know if I was disturbing them to prevent inc onvenience. 

There was a leak, after this and I (although not required by law) offered to fix it, they arranged with my builder and then turned him away due to ‘timekeeping’, although they did not mind the time initially and it resulted in me making payment. 

Since I moved in they have banged on my door as some water trickled on their balcony from mine, every time they have heard a noise they text accusing me of drilling etc (we live in a 3-storey new build) at various times of the day. The last one was accusing me of ringing their doorbell at 2am because they “heard” my front door shut…

I digress, the main issue is the only thing is that they smoke constantly on their balcony when they are home (weeknights and weekends). My balcony is above theirs and I have written a letter to them, texted them about it and smoking to the Freeholders about it. The neighbours have share they can smoke on their balcony not taking into consideration it’s less than 20 metres away and enters my home at full throttle. The housing association (freeholder) said they cannot do anything yet they changed the lease and put private parking in place. 

I am at the end of my tether, I have bought an air purifier, bought air cleansing plants but my flat turns into a sweatbox and can show mold if not ventilated, I don’t know what to do. We all know the risks of passive smoking. 

Any ideas? Anything legal I can do?  

propertyrental

I know smoking laws have tightened up considerably in recent years, but I'm not aware of anything to prevent residents smoking on their private property.

Perhaps it could fall under the category of 'nuisance' but getting the freeholder to take action, or doing so yourself, is going to be long, and very uncertain.

As a non smoker who hates smoke (and I remember the days of smoke-filled pubs!) I sympathise, but ultimately think the only options are either develop a good relationship with them and get them to agree to give up, or smoke elsewhere, or to move.

user1977

MissRomeo84 said:

The neighbours have share they can smoke on their balcony not taking into consideration it’s less than 20 metres away and enters my home at full throttle. 

Via what route(s)? Vents, cracks in floor, etc? I can understand it deterring you from going out on the balcony or opening windows, but are you saying it gets in otherwise?

ThisIsWeird

Hi MissR.
It must be vile. It would drive me nuts. Ignorant, inconsiderate, behaviour.
What to do? I think this could - possibly - be considered a statutory nuisance, but could also be hard to enforce. I think it'll largely come down to accumulated evidence, and impartial witnessing. 
So, certainly keep a record of occasions, notes on the weather - Ie that you need to keep the doors and windows closed as a result - and ideally some witness statements from visitors.
It shouldn't be allowed to happen. If they lit BBQs every day under your balcony, or burned garden waste there ditto, it wouldn't be allowed, so I'm struggling to see how smoking - the worst stink of all - can be if it directly imposes on you.
Accumulate evidence, contact your LA, present your case, try and arrange for one of them to visit on a suitable day and time, leave the relevant doors and windows open on that day, and hope the smell makes a good path to your flat.

Emmia

ThisIsWeird said:

Hi MissR.
It must be vile. It would drive me nuts. Ignorant, inconsiderate, behaviour.
What to do? I think this could - possibly - be considered a statutory nuisance, but could also be hard to enforce. I think it'll largely come down to accumulated evidence, and impartial witnessing. 
So, certainly keep a record of occasions, notes on the weather - Ie that you need to keep the doors and windows closed as a result - and ideally some witness statements from visitors.
It shouldn't be allowed to happen. If they lit BBQs every day under your balcony, or burned garden waste there ditto, it wouldn't be allowed, so I'm struggling to see how smoking - the worst stink of all - can be if it directly imposes on you.
Accumulate evidence, contact your LA, present your case, try and arrange for one of them to visit on a suitable day and time, leave the relevant doors and windows open on that day, and hope the smell makes a good path to your flat.

It would drive me nuts too, but it is their private balcony, and smoking is legal. 

What's the LA going to do about it? Nothing

The only permanent solution is for the OP to move
.

Voyager2002

There is nothing that you or anyone can do about people smoking in their own home, and seeking to regulate this is likely to make most people see you in a bad light. You need to keep your windows closed when they are smoking, and perhaps ask them to let you know the times of day when they are likely to be away so that you can use these times to ventilate your property, perhaps using a time-switch.

It is interesting that you began your post with issues that you later said were not important: this does indicate that the relationship is difficult. You need to avoid making matters worse: any kind of 'official' dispute would have to be declared when or if you place your property on the market.

user1977

Voyager2002 said:

You need to avoid making matters worse: any kind of 'official' dispute would have to be declared when or if you place your property on the market.

The OP is already past that point - it's a dispute which would need to be declared. There's no restriction to "official" disputes (whatever those might be).

annetheman

It's tough but there's nothing you can do. I had a neighbour who smoked weed and the smell would migrate to my living room with the window open. Tried to figure out what I could do and even though weed is illegal, the answer from all agencies and angles was "not much, but move!"

It'll be the same for you. I also agree with whoever up there said they may have legitimate complaints about you, too, being that a leak came from your flat and also whatever liquid dripping down from your balcony - I had an upstairs neighbour with a dog who let it pee in an "outdoor dog toilet" made of grass that absolutely REEKED. Then he would clean it on the balcony, allowing soapy, dog-urine water dripping down on to my balcony. I complained to the managing agent and a warning letter was sent because in that case it was a breach of the lease terms on rules for pets. We still get on really well but that was utterly disgusting. I bet he was happy when I quit smoking last July, too! 

Sounds like flat dwelling isn't for you - I am selling my shared ownership flat right now and buying a house and suggest you do the same!

fourmarks

Look on the bright side, we only have a maximum seven days of warm weather left this summer! After that the wind and rain will keep them off the balcony until at least June 2025.

anselld

You could perhaps consider a positive input ventillation unit which pumps fresh air into your property from the "clean" side and therfore creates an airflow outwards at the balcony side.

user1977

fourmarks said:

Look on the bright side, we only have a maximum seven days of warm weather left this summer! After that the wind and rain will keep them off the balcony until at least June 2025.

I am guessing they are sheltered by the OP's balcony and are out there whatever the weather (because they don't want their own flat to stink of fags...)