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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To complain to neighbours smoking in the garden?

235 replies

Quickncjust4this · 24/10/2020 15:39

Our neighbours have recently installed a canvas covered parabola thing in their garden, with one side (the side pointing towards our garden) left open.

They are now using this as an all seasons smoking shelter. Many times through the day and most evenings they are sat out there puffing away.

The problem is it is completely stinking out my house. The whole of our top floor now stinks of smoke. I've shut the windows be it is still coming in through the vents. I've bought new air fresheners which help but it's still awful.

As non smokers it's really unbearable for us I'm also worried about young children and the health effect to them.

Would I be unreasonable to ask them to stop, or at least to add a 4th panel to their shelter to reduce what reaches our home?

OP posts:
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riverofthought · 25/10/2024 12:51

Raised this as the issue still exists and it seems that thinking along the lines of "people can do whatever they like in their gardens" (despite the fact that others around them would like to enjoy their homes too), has kept popping up. Would question the extent of this, since the following from the government suggests that we are expected to consider other people around us and not cause statutory nuisance (also applies to, for example, noise and light):

Councils must look into complaints about smoke from premises that could be a ‘statutory nuisance’ (covered by the Environmental Protection Act 1990).
For the smoke to count as a statutory nuisance it must do one of the following:

  • unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • injure health or be likely to injure health
If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice. This requires whoever’s responsible to stop or restrict the smoke. The notice will usually be served on the person responsible but can also be served on the owner or occupier of the premises.

(From the page Nuisance smoke: how councils deal with complaints. More there and under the Environmental Protection Act.)

Also, sometimes contacting one's local councillors can be a helpful step towards improving things in the neighbourhood - they may have ideas that we didn't think of. And, since the official direction of legislation is towards goals such as smokefree generation, support for families who suffer from others' smoking would not be unexpected.

Hope these lines of thinking help in case anyone is in a difficult situation when reading this ❤️

Statutory nuisances: how councils deal with complaints

What counts as a statutory nuisance and how councils can deal with complaints by issuing an abatement notice.

https://www.gov.uk/guidance/statutory-nuisances-how-councils-deal-with-complaints

purplewaterfall · 30/10/2020 16:38

Smokers are very selfish unfortunately

Devora13 · 30/10/2020 16:29

Quickncjust4this
Thank you for your interesting comment.
I actually spend lots of time with real people who have real problems.
Regardless of the OP's predicament, I find it hard to take it seriously when someone claims to be something they are apparently not.

Sockmonster23 · 30/10/2020 11:08

Sorry meant to say if Its weed then yanbu

Sockmonster23 · 30/10/2020 11:05

Yes they are to smoke and you should move if you have any problems with people smoking in their garden.

Quickncjust4this · 30/10/2020 10:40

@Devora13 I do really wonder what type of person gives up the time to read a 10 page thread just to pick fault and make a belittling comment. Perhaps the time would be better spent with some real life people who can teach you a little about kindness? I hope you day improved Flowers

OP posts:
DollyParton2 · 29/10/2020 16:29

Glad it was resolved OP- really felt for you both dealing with disgusting fag smoke getting into your home and the amount of dull, pedantic, anal people on here. Suspect its the same dull people who comment on any thread asking how much booze people drink and proudly reply none, other than a half pint once a month and a very naughty glass of sherry on Christmas day! Get a life and chill the hell out.

MotherofDragons48 · 29/10/2020 16:15

You're not being unreasonable. No one wants their home stinking of cigarettes. If they don't mind the smell they should do it in their own home.

Tootletum · 28/10/2020 23:16

Are you for real?

Devora13 · 28/10/2020 23:14

I guess PhD level qualifications related to physics don't require an advanced level of English ('parabola' 'definately') or understanding of maths.
courses.lumenlearning.com/suny-osalgebratrig/chapter/the-parabola/

ShakespearesSisters · 28/10/2020 18:02

Our new neighbours frequently sit out the front of their house and smoke joints. It comes through our CLOSED windows, I could get quiet high if I'm lying in in bed watching TV while its happening. I'm hoping inclement weather will stop this otherwise I will pluck up the courage to ask them to sit on the wall at the front of their garden rather than pretty much directly under our window.

yogi1 · 28/10/2020 17:41

You can’t dictate what other people do in their own homes

I think the issue is that their not doing this in their homes they are going outside to do it so their homes don’t stink. My mum smoked all her life initially sitting in the living room so my dad bought a pipe to show her what it was like in the house. So my mother would smoke then in the kitchen with the back door open and adjoining room to us closed. If any family/visitors came she would then go into the garden and shut the back door. The smokers we are talking about are the ones who go out into the garden every time they smoke shutting their back doors so their homes don’t stink and going in their gardens. They don’t want it themselves and don’t give a shit about other people receiving it. It wouldn’t be so bad if they were smoking inside their homes and when they are out in their gardens then smoking. But it’s every time they want to do it, in my case going to their gardens, shutting their windows then having a fag over their fence affecting others. I’ve got no problem with people smoking but why don’t you do it in your living rooms, because you don’t want it lingering in your home

Quickncjust4this · 28/10/2020 15:24

Hahaha user that did make me chuckle! I wonder if I could put the sprinkler on full power (sending a spray of water over the fence) under my right to do what I like in my garden?? Grin
Just kidding of course, it's all been sorted with no fuss

OP posts:
user1478939671 · 27/10/2020 23:36

Chuck a bucket of water over them whilst smoking then say 'Good morning' and walk back in your house. That'll learn 'em! Lol no, you already know what to do and I think you are just looking for back up here. And you have it. Just ask them nicely about making a few adjustments to the pergola thing and see what happens. If they don't then buy guns and ammo and escalate it to WWIII. Wink

Shizzlestix · 27/10/2020 09:31

You can’t dictate what other people do in their own homes.

And nor has she. She asked politely if they would change round the flap of the gazebo which they did.

1forAll74 · 27/10/2020 04:05

They can smoke outside, and it won't make much difference if they alter there garden covering openings if your are so averse to fag smoke. Ciggie smoke blows away and disperses usually. It does not hang around like bonfire smoke.

Pixxie7 · 27/10/2020 03:32

You can’t dictate what other people do in their own homes.

heuchterteuchter · 27/10/2020 03:13

Our neighbours do this. their outside table is right beside our fence.
In summer, our kids bedroom windows have to be kept shut to keep the cheap polish baccy smell out! They smoke a lot, so we open the front windows wide.
It is frustrating, but its their garden and they're outside so what can you do? we leave our back door open and the smell wafts through every hour. As ex smokers, its pretty foul.
Its the old vase they use as an ashtray and never empty that catches fire daily that I have words about!!

Sparklfairy · 27/10/2020 02:25

Don’t think so, it was the poster who claimed smoke couldn’t rise up and enter the vents who was in the wrong. I imagine anyone who’s ever lit/seen a fire knows that smoke (hot air) rises.

@Shizzlestix that was me, and that wasn't exactly what I said. I was questioning how smoke was coming from a garden at ground level, rising to the first floor vents, going through those vents and, to quote the OP, "filling" her house(?)/room(?) with smoke. Smoke dissipates and whilst on occasion I can smell a bonfire indoors with windows shut, that's a hell of a lot more smoke that a cigarette or two produces.

I don't mind that the OP chose to refute my genuine question on smoke dissipating by mentioning her PhD. Good on her.

jessstan1 · 26/10/2020 21:56

[quote unmarkedbythat]@jessstan1 I've only smoked baccy for years so when I went to the shops lately to get 20 cigs for a colleague and the lady asked me for £13 I nearly fell over. And you can't buy packets of 10 any more![/quote]
I know that, it's weird people can't buy ten. Years ago I used to roll my own as did somebody else in my department. A man would come around once a month selling it cheaper than in shops, he went abroad and brought loads back duty free. I was quite happy to avoid paying tax to the government. However, even at full price, it wasn't so expensive.

I gave up years ago and am glad but other people smoking doesn't bother me. I'd resent paying all that for it now too.

GYNisaliarWTF · 26/10/2020 20:39

For the time it’s taken to even write the thread you could’ve written a lovely note to them asking them if you could have a kind word over the fence tomorrow (depending on your tier obvs)

Please don’t get anxious over it, your kids are more important than your neighbours feeling a little bit put out (and as a smoker in my garden in my parabola Grin I can tell you id 100% not mind shifting things around so that you didn’t suffer) good luck!

unmarkedbythat · 26/10/2020 16:51

@jessstan1 I've only smoked baccy for years so when I went to the shops lately to get 20 cigs for a colleague and the lady asked me for £13 I nearly fell over. And you can't buy packets of 10 any more!

yogi1 · 26/10/2020 16:47

I’ve got this problem with neighbours both sides smoking in their gardens. Have to shut all the windows at back if house, our living room and bedrooms at the back. Biggest issue with it is that I have severe asthma as well as it stinking the place out. So to those saying it’s not a problem it is when a person has to use their inhalers more and everyday going upstairs to shut windows so rooms don’t stink. They don’t do it inside their own houses do they, because they don’t want their houses smelling.

jessstan1 · 26/10/2020 16:19

@unmarkedbythat

A 30g packet of tobacco which costs £12.15 nets the government £10.03 in tax. 20 cigarettes are around £13 and £9.50 of that goes in tax. It's generally estimated that it costs less than half the money raised in tobacco taxes to treat smoking related illnesses on the NHS, and you have the added bonus of us dying younger and not claiming state pension and needing health and social care for years on end. So yes, all of us should stop smoking, it is extremely clear- but I wonder what they will tax instead to make up the shortfall when we have done so?
It's many years since I smoked and I had no idea the price had gone up so much. I'm shocked!
suzy2b · 26/10/2020 15:39

I always thought a pergoda was pergola was a arch frame that you grow flowers around

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