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Tenant smoking in shared areas of rented property - can he?

(11 Posts)
Katiekitty Thu 07-Aug-08 09:29:51

I live in a house converted into self-contained flats. The person who lives at the top smokes in the front doorway and as a consequence, my flat constantly reeks of smoke. He smokes loads of weed too, so there's a real smell of it all the time. I don't smoke.

Does anyone know if he is allowed to do this? It's a shared area, so is there anything I can legally do to stop him?

He is not the most approachable person in any way shape or form, (is usually drunk or off his head, no exaggeration here at all) so I would like to know where I stand before I do anything. I have tried to get the matter resolved before but he just hurls abuse at me and says he doesn't care as long as its not his flat that smells. Not a nice person.

AnAngelWithin Thu 07-Aug-08 09:51:08

depends on the tenancy agreement, but he shouldnt be smoking weed there anyway. Ring the landlord and express your concerns anyway.

Katiekitty Thu 07-Aug-08 10:10:07

Well AAW, I've already broached this subject with the estate agents I rent from. It's in the contract that no cannabis can be smoked and I mentioned this to them. They have done nothing about it. Nothing! I feel very frustrated about it. What can I do?

With the laws on smoking in public places, can I ask the landlord/agents to put up a 'no smoking' sign?

serenity Thu 07-Aug-08 10:35:55

We have no smoking signs in the common areas of our council run flats, and as they don't generally do anything unless they have to, I'd be inclined to believe that people aren't meant to.

Have you considered speaking to the police?

nervousal Thu 07-Aug-08 10:38:59

I thnk its environmental health who deal with breaches in the new smoking legislation - give them a phone and see what they say

Katiekitty Thu 07-Aug-08 10:55:23

I did call the police! Not too long ago, the person in question was shouting at me on the doorstep when I asked him why he kept on smoking there when he knew it made my flat stink. He yelled at me 'what you going to f-ing do, you can't do a f-ing thing to stop me', so I called the police. They went to speak to him and he refused to talk to them. After this, I told the agents and they said (brace yourself for this..) that as long as he paid his rent on time, they weren't interested. Charming.

I don't mind what he does in his own flat, but when he makes his problems my problems, then it's not right.

I think I might contact the agents and say that I am myself speaking with Environmental Health about this, as it might affect their rating as letting agents if there is any investigation into them. I just want to get it all sorted out!

nannyL Thu 07-Aug-08 11:55:17

it surely cant be right or legal

my friend lives in a nice new modern block of flats owned by a housing association

they have the no smoking signs in all the communal areas... the ones that say it is ILLEGAL to smoke in these areas.

(but the people above her smoke out of their window and she gets all their ash on her windowsill below)

hanaflower Thu 07-Aug-08 11:58:36

Message withdrawn at poster's request.

BlueDragonfly Thu 07-Aug-08 12:23:24

he smokes in the front doorway?

It may come down to the fact that he is not actually IN a public place. I know a pub nearby had a "visit" and was found to have done npthing wrong depsite the fact that their front door was blocked with people smoking. The door was open so it counted as being outside

combustiblelemon Thu 07-Aug-08 12:41:44

Who actually owns his flat? Try to get the address from your contract/management agents and contact them directly. Also, explain why you're contacting them directly i.e. the management agents told you they didn't care about the man smoking illegal drugs in the hallway. If it's a company rather than an individual that owns the flats, send a copy of the letter to all directors of the company.

Katiekitty Thu 07-Aug-08 16:14:03

That's a good idea too, I think I've got the owner's details on my contract. I called the agents this morning, but the person I needed to speak with was busy and (ahem) they haven't called me back yet.

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