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Can neighbour complaints get us thrown out?

Hi


My Husband and I recently moved into a rented terraced house. We are (unfortunately both smokers).
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 and it made her not able to sit out in her back garden. She then stuck her head over our fence (uninvited) saying that she could smell weed. We vehemently denied this (never touched it in our lives) and she went on to say that the previous tenant smoked both cigarettes and weed and that her house constantly stunk of the stuff. She also said that she was in frequent contact with the landlord of the property to complain and to “get the bloke out”.
Because of this we began to smoke further down the garden, but a couple of weeks ago when the weather was nice, a bit of smoke jumped over the fence into her garden and he heard an audible huff and then the kitchen door was slammed shut.
I have been so paranoid about her complaining that I have now given up the smoking and am now vaping, but she’s even complaining about the smoke from that. My Husband is very stubborn and has said her constant bickering will not stop him from smoking in his back garden, but I am really worried that she is going to constantly complain to the landlord/letting agent and end up getting us thrown out.
We have been extremely considerate neighbours, have done what she has asked, knock on doors to advise we having a BBQ etc, but it still doesn’t seem good enough for her. Her neighbour on the other side is a smoker too, but she owns the house so she can’t complain about her!
Can the landlord kick us out for this? We had our first property inspection yesterday and the letting agent commented that it looked like a show home!
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Comments

  • hazyjo
    hazyjo Posts: 15,469 Forumite
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    You presumably have a tenancy agreement, the terms of which I presume you have not broken.


    I think you are being more than patient/tolerant/accommodating with her.
    2023 wins: *must start comping again!*
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    Well, I sympathise with her. I would hate to have you as neighbours. However, I don't think there is much she can do other than make herself such a nuisance to your landlord with constant complaints that he decides you aren't worth the hassle. He is clearly unconcerned by smoking so I can't see him doing anything.
  • PhilE
    PhilE Posts: 566 Forumite
    Just smoke at the end of the garden and check the weather. Or smoke out front?

    Give up if you can though, horrible habit which I've given up.
  • Gemm83
    Gemm83 Posts: 237 Forumite
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    Desperately trying!!! One week without one though so fingers crossed!

    We invited the other neighbour round for a drink over the bank holiday weekend (we would have invited her too but she was away). We were told not to show any weakness as that's when she goes in for the kill!!

    She's very very nosey. I had my in laws round last weekend as she just stood up on a chair and interrupted our conversation!!!
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    She cant do anything. Well she can whinge but thats about it. Youre are 100% allowed to smoke in your garden.

    The problem with pandering to people is it generally requires more and more pandering.
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    Have a bonfire
  • Herbalus
    Herbalus Posts: 2,634 Forumite
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    Can I suggest large and frequent bonfires?
  • cloo
    cloo Posts: 1,291 Forumite
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    No, she can't get you thrown out, I can't see you are doing anything wrong. I hate ciggie smoke too but I think she has just contrived to be super sensitive about it.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
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    When you rented the property was the LL aware that you were both smokers?

    Ultimately its always going to be the LL's decision to ask you to leave or end your tenancy and no one will be able to tell you how the LL is likely to react except that individual LL.

    My view as a LL is that I don't accept smokers in the properties I rent but I cannot enforce that agreement once the tenant is outside so it is very possible that I have tenants who smoke but not in the house.
    To that effect I would have no reason to ask them to leave unless I felt their actions were having a lasting impression on the house.

    That's my view but it could be different for the next LL who answers the question on where they stand on smokers.

    If your LL is aware that you smoke and has been aware since you moved in then I would suggest that you will probably get no bother from them however if you did not make it clear or the LL is unaware then there is a chance that the LL could side with the neighbour.
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  • If there is no prohibition of smoking in your tenancy agreement then you are not breaching your tenancy terms and the landlord cannot "throw you out".

    If your neighbour is in frequent contact with the landlord and/or the managing agent, it could go either of the following ways:

    1. The landlord/MA gets tired of the neighbour's complaints and for an easy life decides not to renew your tenancy at the end of the fixed term. You then need to move out.

    OR

    2. The landlord/MA get tired of the neighbours complaints, but are annoyed by the constant complaints. They may consider you and your husband great tenants who keep the property in good condition and pay rent on time... so choose to ignore the complaints of the neighbour as you are not doing anything wrong.

    Personally, I wouldn't like the smell of my neighbours smoke wafting over me when I am enjoying the sunshine in the garden, but I accept that it is to be expected if you live in such confined areas as most of us do here in the UK. Please remain as considerable as you possibly can.
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