My boyfriend and I recently bought a basement flat in a building with two other flats above us. We're both smokers, but we don't smoke excessively - we don't smoke in the flat in the day time and smoke no more than 10 cigarettes between us in the evenings.
The problem is, our upstairs neighbour is complaining about smoke in his flat. Now this isn't even the neighbour directly above us - they haven't said a word. This guy lives two floors above us! He's generally a busybody and has complained when the people next door had a bbq in the summer. But he claims the smoke coming from our flat is so bad he's wheezing and feeling ill!
At first we were concerned. We bricked up our fireplace in case smoke was going up the chimney, bought a £200 air purifier to leave on over night to take the smoke from the air and we burn essential oils whenever we smoke to take the smell away.
But he's still complaining! We're worried we're going to get sued. Does anyone know where we stand legally?
2007-02-19 00:05:12 · 18 answers · asked by Keira H 3 in Home & Garden ➔ Other - Home & Garden
Just wanted to point out that we own the property - we're not renting.
2007-02-19 00:37:10 · update #1
Tell him to get a grip or get a new flat.. You are perfectly entitled to smoke in your own home, or in your communal doorway, He doesn't have a leg to stand on legally, so next time he whinges, just light up and blow smoke in his lemon-faced puss..
2007-02-19 00:14:23 · answer #1 · answered by arctic_sheets 4 · 4⤊ 0⤋
I would ask the landlord directly. I know of no law regarding smoking in your own home. It sounds as though you*ve done all you can to appease him, although bricking up the fireplace could just make it worse, since the smoke would tend to hang in the air rather than go up and outside. There is a free web site re laws , that answer easy questions on line, you could check that out. Sounds like he just an old crab looking for things to complain about.
2007-02-19 00:16:15 · answer #2 · answered by llittle mama 6 · 0⤊ 0⤋
as you said he's just a busybody, he's talking bullsh1t, i dont see how the smoke could get to his flat even without the things you have done. the guy who lives in the flat directly below me smokes alot(i don't smoke) and i cant smell it at all not even when i walk passed his front door. if the people in the flat above you are not being affected then he has to be just stirring things and i don't think he would have a leg to stand on if he were to take things further.
2007-02-19 00:21:23 · answer #3 · answered by Lou 4 · 0⤊ 0⤋
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2016-12-18 06:23:25 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Sounds like the guy above you is a major complainer.
As far as I know you are allowed to smoke in your own home as long as you didn't sign a non-smoker lease.
It sounds like you've done your best to make sure the other tenants aren't affected & perhaps HE should find out why there's smoke coming into his flat - it might not even be you !!
2007-02-19 00:19:09 · answer #5 · answered by Lucy 5 · 0⤊ 0⤋
Im sorry, but if it is your home then I believe you can do what you want in it (legally of course). Complain about him intefering and see how he likes it. My god whatever will people complain about next? Unfortunately there are some people (NIMBYS) that are never happy unless they are complaining about something. If he is not happy about you smoking, about BBQs etc. then tell him to move!
2007-02-19 00:11:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
This guy is obviously an idiot. He can do nothing to you over this. Personally, I wouldn't even have bothered with the fireplace or buying a purifier. He's nuts.
2007-02-19 14:07:09 · answer #7 · answered by Karen L 7 · 0⤊ 0⤋
Sounds like you've taken all reasonable steps to prevent problems, i am sure that will go in your favour. And it is not banned in private houses, so there isn't much he can do! Sounds as if he is being a bit unreasonable. I doubt you wil be successfully sued
2007-02-19 00:08:41 · answer #8 · answered by rose_merrick 7 · 1⤊ 0⤋
Not sure where you stand legally, but I'd just totally ignore him. Maybe you should deny smoking to all neighbours. It's none of their business.
2007-02-19 01:05:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Tell him to close his windows, we are still allowed to smoke on our own properties he is just a busybody ignore him
2007-02-19 00:14:51 · answer #10 · answered by friendofb 5 · 1⤊ 0⤋