To want to take action against neighbour

[LJinthecity]

We live in a large block of flats with shared gardens and a car park. One of the neighbours is a chain smoker - she must be on about 40 a day. She smokes outside the front of the building in the car park by the wall into the garden. When she’s finished her cigarette she chucks the end into the garden. There are literally hundreds of butts on the ground now. She often also smokes under the Canopy at the front door, although she’s been asked to stop doing this. As a result of her smoking there, the ground at the entrance to
our building is littered with cig ends. We’ve complained to our factor who says without concrete evidence, they won’t act, and also that there is no recourse anyway - eg they can’t enforce clean up costs on her. We’ve also spoken to the residents committee. They’ve checked with the building’s resident caretaker, who has confirmed he’s seen her littering and warned her several times.

The committee seems keen to write to her warning her more formally but it’s not clear they could do anything if she just ignored that.

I’m wondering what the legal position might be? We all own the area she’s littering, so is there a way we could want of legal action against her? If all the other 80 or so flats ganged up?

You'd need evidence. You could ask if a ring type doorbell could be installed. You need to collectively not let this drop.

Would it be feasible to have a bin installed in the area where she smokes? It would ultimately benefit everyone in the building who uses the gardens and the car park, thus a justifiable cost to the residents’ committee that way, in addition to being somewhere for your neighbour to put her cigarette ends.

I don’t know but in the meantime could you not just put down a metal bucket of sand and see if you can redirect her to stick the fag butts in there? I know not an ideal solution but a potential low cost solution to the littering whilst any legal action is ongoing.

The committee has said it doesn’t want to “enable smoking” in the area. I just think if she is doing it there anyway a bin would at least mean the garden wouldn’t have loads of butts in it. I will suggest a bin. I’d already suggested a designated area for smokers at the back of the building.

I feel like the caretaker’s witnessing her doing it is evidence enough. I’ve also seen her do it on many occasions, as has my husband and other neighbours

Will she use a bin if one is put there? Not sure about legal action

Sweep them up and post through her letterbox.

I'd buy her more cigarettes to help speed up her death.

Yes, some form of cigarette disposal bin is the answer to your specific problem. The 'enabling' argument is irrational.

This.

Its the only sensible solution.

Not the worst idea to be fair

I've known the letterbox to be used, and it worked.

Ha! I’ve actually suggested this to my husband when it’s really been annoying me. I’m sorely tempted…but she does live with elderly parents so would feel bad for them.

I think this is the most viable option - as a non-smoker I just begrudge paying for one for her. These kind of things come out of our collective funds paid to the factor.

Legal action to do what? Are they tenants or owner occupiers.

What are you hoping to achieve because I can tell you that you are going to struggle to get any kind of an injunction to stop this and even if you do the enforcement is going to be very very difficult. It’s a housing management issue and unless there is something in the tenancy or leasehold to prevent this you are on a road to nowhere.

The best you can do is nominate a space for smoking. No smoking under the canopy as it’s a covered communal space.

Cigarette box will also need emptying. Something you’ll beee to factor in.

Actually I’m not sure if they’re owner occupiers.

I was thinking a strongly worded legal letter would be enough to scare her TBH.

I stick a metal bucket put the front with some sand in it. Stuff the committee

It seems astonishing that when one person does something that a majority of people find discusting or anti social the powers in charge refuse to do anything about it.

This is exactly what I would do. Dirty cow needs a taste of her on medicine.

How disgusting is she, first she chain smokes and then she litters. Definetely needs someone to officially fine her so she dosent do it again?

Nah, do it. She doesn't care about you does she. Tough on her.