Cigarette smells from flat below

Bigphil1474

It's unlikely to be viewed as a statutory nuisance. Nuisance as a result of defects in a property won't go far. If you've not had smoke getting into your property for years and suddenly have now, then it's more likely to be a defect somewhere than a nuisance action, especially as your neighbour is allowed to smoke in their own home. Not sure the brown sticky tape will necessarily do the trick if that's where it comes in. I would recommend getting an objective opinion from someone else. It's not unusual for people to become sensitised to an issue and smell things that aren't there, and hear things that aren't really a problem. If a friend or family member walks in and smells the cigarette smell, then you know you still have a problem.

How was the bedroom floor tile punctured? Is it worth pulling that up and doing a proper investigation and repair job?

fluffymuffy

Also consider -

https://www.perplexity.ai/search/medical-conditions-that-cause-9MOwU.eXTZS1Ddufe9GAKw

Adamadam20

Hi guys just an update - 

The smell has gotten more intense, the nicotine has really permeated my apartment. 

I spoke to the neighbour today as a last resort, he told me that he 'did not like' me and to 'never knock on his door again'. Very pleasant. 

As soon as he opened the door the stench was unbelievable, the ceilings were just coated in yellow residue I assume from the nicotine. Feel sorry for the next tenants that have to live there. 

I then started to think about where the smell is coming from for the 100th time. There really only is one explanation - the floor. We have the exact same layout, there were no smells from any of the cupboards. No smells from the kitchen, bathroom or toilet (separate rooms). They are all on one side of the flat, with the other rooms on the other. The stench is strongest in the bedroom, hallway and living room to a lesser extent. They all have the same flooring, whereas the other rooms have a more sealed laminate flooring. The flooring in the worst effected rooms is a very low budget laminate flooring in the form of tiles, glued onto the bare concrete between us with no underlay. I suspect that the poor quality ceiling tiles in his flat are compromised or now exposed and that is how the smell has managed to penetrate the surface. 

There are no visible gaps, cracks or holes. I have inspected my small one bedroom flat over and over again and just cannot seem to pinpoint one area where this is coming from. 

This situation has made my flat pretty much uninhabitable, I am no longer sleeping there and it is essentially just an empty property at this point. I will not accept this and I will not allow this to ruin my mental health. I refuse to be made homeless because of someone's bad habits. 

Any opinions?

ThisIsWeird

Adamadam20 said:

I spoke to the neighbour today as a last resort, he told me that he 'did not like' me and to 'never knock on his door again'. Very pleasant.
As soon as he opened the door the stench was unbelievable, the ceilings were just coated in yellow residue I assume from the nicotine. Feel sorry for the next tenants that have to live there.
I then started to think about where the smell is coming from for the 100th time. There really only is one explanation - the floor. We have the exact same layout, there were no smells from any of the cupboards. No smells from the kitchen, bathroom or toilet (separate rooms). They are all on one side of the flat, with the other rooms on the other. The stench is strongest in the bedroom, hallway and living room to a lesser extent.
This situation has made my flat pretty much uninhabitable, I am no longer sleeping there and it is essentially just an empty property at this point. I will not accept this and I will not allow this to ruin my mental health. I refuse to be made homeless because of someone's bad habits.

Adam, why doesn't your neighbour like you? He sounds like a right piece of work, but usually even weirdos have a 'reason', regardless of how unreasonable, for disliking someone. Has he ever expressed a reason? Do you suspect any cause?

Moving forward, as you try and somehow resolve this, I think you should try as best as possible to separate the emotive from the practical. For instance, you say the flat is pretty much uninhabitable, that you are no longer sleeping there, it's an empty property - but you refuse to be made homeless by this - that seems somewhat contradictory. And, the cause is the unacceptable smell - that's 'all' - but not someone's 'bad habits'; this could as easily have been leaking sewer smells, or cooking, for example. It's the smell that needs to be sorted, not the person's personal hygiene, 'cos that's very unlikely to change.

I asked before if anyone else can corroborate the level of the smell? Do you have a visitor who, like me, would find any ciggie smell utterly repellent?  If there's someone, then ask if they'll be a supporting witness.

Then I'd contact the flat's owner - your local council. I have no idea how they'll respond to this, if at all, but surely the issue is being caused just as much by smells leaking out from their flat, as it is by smells getting in to yours? And fixing 'ceiling'-located leaks must surely be a lot easier than finding 'floor'-based ones? I mean, where can it be getting through - his light fittings? And, er, that's about it? Whereas, where's it getting in to your flat? Many sq metres of floorboards? From under skirtings? I know which should be easier to sort.

This may be a Building Management issue, I don't know, but if the smell is acknowledged as being pretty strong, then surely it is also unacceptable, and you ain't the cause. 

Do you have Legal Protection on your Contents insurance? If so, then call them up for a chat, and see what they say - they may be able to guide you. If you don't, then add it - if you have a neighbour who dislikes you, then you really want LP...

So, try and get as many impartial observers as possible to write down some comments about the smell; no pressure on them at all - ask them to be completely objective and factual. Tell them it won't help you if they over-egg. Armed with this, contact your LegProt and see if they have any advice. Then contact your LA - no idea which department, whether 'Building Control' or 'Anti-social'.

I wonder if, failing everything else, a Positive Input Ventilation system (ideally paid for by the LA) could sort this?

Adamadam20

ThisIsWeird said:

Adamadam20 said:

I spoke to the neighbour today as a last resort, he told me that he 'did not like' me and to 'never knock on his door again'. Very pleasant.
As soon as he opened the door the stench was unbelievable, the ceilings were just coated in yellow residue I assume from the nicotine. Feel sorry for the next tenants that have to live there.
I then started to think about where the smell is coming from for the 100th time. There really only is one explanation - the floor. We have the exact same layout, there were no smells from any of the cupboards. No smells from the kitchen, bathroom or toilet (separate rooms). They are all on one side of the flat, with the other rooms on the other. The stench is strongest in the bedroom, hallway and living room to a lesser extent.
This situation has made my flat pretty much uninhabitable, I am no longer sleeping there and it is essentially just an empty property at this point. I will not accept this and I will not allow this to ruin my mental health. I refuse to be made homeless because of someone's bad habits.

Adam, why doesn't your neighbour like you? He sounds like a right piece of work, but usually even weirdos have a 'reason', regardless of how unreasonable, for disliking someone. Has he ever expressed a reason? Do you suspect any cause?

Moving forward, as you try and somehow resolve this, I think you should try as best as possible to separate the emotive from the practical. For instance, you say the flat is pretty much uninhabitable, that you are no longer sleeping there, it's an empty property - but you refuse to be made homeless by this - that seems somewhat contradictory. And, the cause is the unacceptable smell - that's 'all' - but not someone's 'bad habits'; this could as easily have been leaking sewer smells, or cooking, for example. It's the smell that needs to be sorted, not the person's personal hygiene, 'cos that's very unlikely to change.

I asked before if anyone else can corroborate the level of the smell? Do you have a visitor who, like me, would find any ciggie smell utterly repellent?  If there's someone, then ask if they'll be a supporting witness.

Then I'd contact the flat's owner - your local council. I have no idea how they'll respond to this, if at all, but surely the issue is being caused just as much by smells leaking out from their flat, as it is by smells getting in to yours? And fixing 'ceiling'-located leaks must surely be a lot easier than finding 'floor'-based ones? I mean, where can it be getting through - his light fittings? And, er, that's about it? Whereas, where's it getting in to your flat? Many sq metres of floorboards? From under skirtings? I know which should be easier to sort.

This may be a Building Management issue, I don't know, but if the smell is acknowledged as being pretty strong, then surely it is also unacceptable, and you ain't the cause. 

Do you have Legal Protection on your Contents insurance? If so, then call them up for a chat, and see what they say - they may be able to guide you. If you don't, then add it - if you have a neighbour who dislikes you, then you really want LP...

So, try and get as many impartial observers as possible to write down some comments about the smell; no pressure on them at all - ask them to be completely objective and factual. Tell them it won't help you if they over-egg. Armed with this, contact your LegProt and see if they have any advice. Then contact your LA - no idea which department, whether 'Building Control' or 'Anti-social'.

I wonder if, failing everything else, a Positive Input Ventilation system (ideally paid for by the LA) could sort this?

I have made a few noise complaints against him over the years, our interactions have actually been very minimal. Ever since making those complaints he just made his mind up about me, that I was just an agitator getting in the way of his pleasure. He is that type of person. 

I have actually left my windows open for 3 full days and it has only helped a little bit. This is clearly not a ventilation issue but more so a poor insulation issue. 

Visited my flat again and decided to investigate further, I noticed that under the arch of my doors there are gaps that were not properly sealed. Could easily smell the smoke from there when I put my nose to it, though I am not sure that it was that powerful enough to permeate the flat like that. This gives me a bit of hope as it now feels almost certain that it has somehow managed to penetrate his ceiling and through my floors, so flooring and sealing gaps may be the solution. 

I doubt that the council would take action, and if they did they would be dealing with a person that is incredibly selfish and very much stubborn. This could take weeks or even months. I need to take matters into my own hands and salvage my property. 

Emmia

Adamadam20 said:

ThisIsWeird said:

Adamadam20 said:

I spoke to the neighbour today as a last resort, he told me that he 'did not like' me and to 'never knock on his door again'. Very pleasant.
As soon as he opened the door the stench was unbelievable, the ceilings were just coated in yellow residue I assume from the nicotine. Feel sorry for the next tenants that have to live there.
I then started to think about where the smell is coming from for the 100th time. There really only is one explanation - the floor. We have the exact same layout, there were no smells from any of the cupboards. No smells from the kitchen, bathroom or toilet (separate rooms). They are all on one side of the flat, with the other rooms on the other. The stench is strongest in the bedroom, hallway and living room to a lesser extent.
This situation has made my flat pretty much uninhabitable, I am no longer sleeping there and it is essentially just an empty property at this point. I will not accept this and I will not allow this to ruin my mental health. I refuse to be made homeless because of someone's bad habits.

Adam, why doesn't your neighbour like you? He sounds like a right piece of work, but usually even weirdos have a 'reason', regardless of how unreasonable, for disliking someone. Has he ever expressed a reason? Do you suspect any cause?

Moving forward, as you try and somehow resolve this, I think you should try as best as possible to separate the emotive from the practical. For instance, you say the flat is pretty much uninhabitable, that you are no longer sleeping there, it's an empty property - but you refuse to be made homeless by this - that seems somewhat contradictory. And, the cause is the unacceptable smell - that's 'all' - but not someone's 'bad habits'; this could as easily have been leaking sewer smells, or cooking, for example. It's the smell that needs to be sorted, not the person's personal hygiene, 'cos that's very unlikely to change.

I asked before if anyone else can corroborate the level of the smell? Do you have a visitor who, like me, would find any ciggie smell utterly repellent?  If there's someone, then ask if they'll be a supporting witness.

Then I'd contact the flat's owner - your local council. I have no idea how they'll respond to this, if at all, but surely the issue is being caused just as much by smells leaking out from their flat, as it is by smells getting in to yours? And fixing 'ceiling'-located leaks must surely be a lot easier than finding 'floor'-based ones? I mean, where can it be getting through - his light fittings? And, er, that's about it? Whereas, where's it getting in to your flat? Many sq metres of floorboards? From under skirtings? I know which should be easier to sort.

This may be a Building Management issue, I don't know, but if the smell is acknowledged as being pretty strong, then surely it is also unacceptable, and you ain't the cause. 

Do you have Legal Protection on your Contents insurance? If so, then call them up for a chat, and see what they say - they may be able to guide you. If you don't, then add it - if you have a neighbour who dislikes you, then you really want LP...

So, try and get as many impartial observers as possible to write down some comments about the smell; no pressure on them at all - ask them to be completely objective and factual. Tell them it won't help you if they over-egg. Armed with this, contact your LegProt and see if they have any advice. Then contact your LA - no idea which department, whether 'Building Control' or 'Anti-social'.

I wonder if, failing everything else, a Positive Input Ventilation system (ideally paid for by the LA) could sort this?

I have made a few noise complaints against him over the years, our interactions have actually been very minimal. Ever since making those complaints he just made his mind up about me, that I was just an agitator getting in the way of his pleasure. He is that type of person. 

I have actually left my windows open for 3 full days and it has only helped a little bit. This is clearly not a ventilation issue but more so a poor insulation issue. 

Visited my flat again and decided to investigate further, I noticed that under the arch of my doors there are gaps that were not properly sealed. Could easily smell the smoke from there when I put my nose to it, though I am not sure that it was that powerful enough to permeate the flat like that. This gives me a bit of hope as it now feels almost certain that it has somehow managed to penetrate his ceiling and through my floors, so flooring and sealing gaps may be the solution. 

I doubt that the council would take action, and if they did they would be dealing with a person that is incredibly selfish and very much stubborn. This could take weeks or even months. I need to take matters into my own hands and salvage my property. 

I think (as I suggested previously) that you need to get in there with caulk or silicone sealant to fill every tiny gap.

It's fine complaining, but you'll probably only get a solution if you take matters (the sealing, to be clear not anything else) into your own hands.

DullGreyGuy

Adamadam20 said:
Any other explanation? It is really impacting my mental health and sleep, I feel helpless. Literally sitting here at 2 am without any sleep, all I can smell is ciga. It is quite strong and not subtle, so it must be seeping through somehow.

I hope this is taken the right way...

You touch something, is it cold or wet? Most people will say one or the other; some will be unsure. Human skin has no cells/nerves that detect water but instead we infer it from other factors like temperature and vision. For some materials we are fairly certain because they're normally dry and change visually if wet but others we can struggle with. 

As humans we can also have false signals. Look up tinnitus, suffers hear a high pitched noise despite no noise being present.

If you think you can smell something then you can convince yourself that you do smell it even if there is no smell or a smell of something else that you convince yourself is smoke. The more you focus on it the more sure you can smell it. Im not stating that this is what is happening but given the 15 year history without issue then it's one that needs to be investigated. 

Invite someone around, ideally someone that speaks their mind. In the first instance see if they comment about the cig smell of their own accord. If they dont then ask if they smell anything... try not to lead the witness as because as soon as you ask about something in particular you may be leading the witness. 

Things can change overtime though so not saying it's certainly in your head. Our neighbour smokes and since her wife had a heart attack we've smelt smoke more. I dont know if they've increased how much they smoke or have been smoking outside more but closing the trickle vent at the back has solved the issue and instead we have the front window open more often to ensure ventilation.