nosey neighbour law
Neighbour Issue - Smoking
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nosey neighbour law
Man of Honour
You'd make a jolly neighbour.
Associate
I don't smoke but im finding some of the reply's quite lol if she owns the flat surely she can do as she wants in it it is her's after all
Ask her nicely is by far the best way to deal with this
Ask her nicely is by far the best way to deal with this
Man of Honour
Fight fire with fire. If they smoke 20 a day, then take the fight to them and smoke 40.
Soldato
Oh and don't forget to thank the smoker for bank rolling the NHS. More than the fatties are doing that's for sure.
Anti smokers, the most moronic people on the planet. Sitting on their high horse judging people one at a time, the sanctimonious peeners...
I don't light up in the house/ car if I've got non smokers about, and if I got complaints from a neighbour I'd see to it. I don't see how that is selfish?
Soldato
By that logic, since the OP owns his flat, then is perfectly within his rights to do whatever he wants in it, such as play thumping bass non-stop every day between 7am-11pm?
Or perhaps not:
http://www.legislation.gov.uk/ukpga/1990/43/part/III
So there we go, nuisance smoke is effectively the same as nuisance noise, seems pretty fair.
Associate
Can people smoke in blocks of flats?
If you’re a non-smoker, sharing flats with smokers can be frustrating. Not to mention bad for your health. But is there anything you can do about it? Unfortunately, not a huge amount as people are entitled to smoke in their own home.
•Try and find the source of the smoke. Look for any cracks and gaps in walls and window frames and patch them up. This can make a big difference to the smoke ‘seepage’ and help your home smelling so bad.
•Are they smoking in communal areas? Like in the corridors or on the stairs? If so, contact your landlord or managing agent as this may be breaching contract.
•Try talking to your neighbour about it. You may be able to come to an agreement that suits both of you, and some local councils provide mediation services if things don’t go smoothly.
•Ask about building modifications. Your landlord or managing agent may agree to building work that stops the smoke from seeping from one flat to another. Though they don’t legally have to do this.
•If it’s really bad, consider moving. It seems drastic, we know. But if you can’t resolve things with your neighbour, sometimes it’s better for your own mental health to move somewhere different.
Found in 5 seconds on google from 5 different sites
If he is having a problem with the smell find the gap's and plug them with the ways that have been given in this thread
As I said im a none smoker but trying to tell someone they cant smoke in there own home is a bit ott
As for noise im fine with noise from 7 till 11 I live in an apartment block and we often hear peoples noise ect doors slamming
If you’re a non-smoker, sharing flats with smokers can be frustrating. Not to mention bad for your health. But is there anything you can do about it? Unfortunately, not a huge amount as people are entitled to smoke in their own home.
•Try and find the source of the smoke. Look for any cracks and gaps in walls and window frames and patch them up. This can make a big difference to the smoke ‘seepage’ and help your home smelling so bad.
•Are they smoking in communal areas? Like in the corridors or on the stairs? If so, contact your landlord or managing agent as this may be breaching contract.
•Try talking to your neighbour about it. You may be able to come to an agreement that suits both of you, and some local councils provide mediation services if things don’t go smoothly.
•Ask about building modifications. Your landlord or managing agent may agree to building work that stops the smoke from seeping from one flat to another. Though they don’t legally have to do this.
•If it’s really bad, consider moving. It seems drastic, we know. But if you can’t resolve things with your neighbour, sometimes it’s better for your own mental health to move somewhere different.
Found in 5 seconds on google from 5 different sites
If he is having a problem with the smell find the gap's and plug them with the ways that have been given in this thread
As I said im a none smoker but trying to tell someone they cant smoke in there own home is a bit ott
As for noise im fine with noise from 7 till 11 I live in an apartment block and we often hear peoples noise ect doors slamming
Soldato
There's a slight difference between normal living noise (e.g. doors closing) and unnecessary constant thumping music.
All I'm saying is that IMO the constant smell of smoke is every bit a nuisance as constant loud music, and it appears that legislation agrees with that.
The problem of course being that if you turn the music off, it goes off straight away, whereas when you finish your cigarette, the smell lingers for an hour or 2 (i.e. until the next one), so it's going to be pretty much constant.
Man of Honour
By that logic, since the OP owns his flat, then is perfectly within his rights to do whatever he wants in it, such as play thumping bass non-stop every day between 7am-11pm?
Or perhaps not:
http://www.legislation.gov.uk/ukpga/1990/43/part/III
So there we go, nuisance smoke is effectively the same as nuisance noise, seems pretty fair.
"Smoke emitted from a chimney of a private dwelling within a smoke control area" is not deemed to be a nuisance and I can't see anyone being interested about a few puffs on a cigarette. Now if the flat below was emitting vast clouds of smoke then yes it would be a nuisance.
Soldato
Your neighbours can complain and have action taken if your bonfire or BBQ is emitting smoke which is affecting their air quality. I can't see that smoking is going to be any different to that.
Soldato
"Smoke emitted from a chimney of a private dwelling within a smoke control area" is not deemed to be a nuisance and I can't see anyone being interested about a few puffs on a cigarette. Now if the flat below was emitting vast clouds of smoke then yes it would be a nuisance.
And I'm pretty sure you could get your TV/music to such a level where it wouldn't "legally" be deemed a nuisance, but as far as your neighbours were concerned it would be
Regardless, the best course of action would be to chat with her and see if she's able to go outside to smoke, she might be reasonable and not realise it's coming through to your flat.
Otherwise, just hope she dies of lung cancer in the not too distant future.
Alas I have this issue too, I'm an owner above a basement flat that's rented and she smokes pretty much 24/7.
I live in a victorian terrace as well so the building isn't the most 'sealed' in the world so I've been down there many times to speak to her about it but now it's gotten colder outside she smokes with the windows shut.
Nothing really gets the smell out completely, but I bought a couple of
http://www.ocado.com/webshop/product/Prices-Anti-Tobacco-Reed-Diffuser/209206011
Whilst not the silver bullet, it certainly takes the edge off. You'll find that things with a citrus-y scent tend to mask tobacco smoke.
I live in a victorian terrace as well so the building isn't the most 'sealed' in the world so I've been down there many times to speak to her about it but now it's gotten colder outside she smokes with the windows shut.
Nothing really gets the smell out completely, but I bought a couple of
http://www.ocado.com/webshop/product/Prices-Anti-Tobacco-Reed-Diffuser/209206011
Whilst not the silver bullet, it certainly takes the edge off. You'll find that things with a citrus-y scent tend to mask tobacco smoke.
Associate
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- 16 Aug 2012
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Can you seal the floorboards with silicone? If so, do that and then buy a large plastic sheet and seal that again over the floor boards, around the skirting, place your underlay over the top and then put the carpet back down?
Man of Honour
Sounds like it would be a lot of hassle assuming OP has his rooms full of stuff.
Associate
- Joined
- 16 Aug 2012
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Indeed, I can't really think of any other solution other than raping the smoker with a crowbar.
Soldato
- Joined
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- 7,051
Years ago I had this same issue, in the end i filled every gap with expanding foam, fixed the issue for me.
Soldato
Talk them into taking up vaping. Cheaper for them and there is no lingering smell