Advice re. smoking in retirement home

[dowhat]

Looking for some advice/corroboration on what CAB told me ealier today.

Moved my mum, mid 80s, last June from Suffolk (100+ miles away) to a retirement home 3 miles away.

She's a smoker. There is nothing in the terms of the lease of her flat that she can't smoke. However, her neighbours have campaigned to the retirement home manager about the smell of smoke from her flat since she moved in. On each occasion she's agreed to the requests/demands - so she keeps her internal doors shut, has a sausage dog/draught excluder by the internal doors, doesn't open her back door or windows in summer, has bought air freshners for communal doorways etc. She's done everything requested but things have escalated with a letter from the manager threatening legal action today.

My mum's in her 80s, it was a difficult move for her and she feels intimidated to the point she doesn't want to leave her flat now. She feels unwelcome and victimised.

I called CAB today after seeing the latest letter, who advised sending letter to the home manager saying 1. she's being discriminated against due to her smoking and that's against the law 2. there was nothing in the contract when she bought the flat about smoking and 3. that if they continue with their behaviour we'll take legal action.

My question is - can you discriminate against smokers? In my (work) learnings it's not a protected characteristic so could we, if needed, take use this legally? It just seems incredibly unfair that my mum feels unwelcome and victimised in her own home when she's doing nothing contractually wrong.

The residents making the complaints complained about the previous occupant of the flat smelling of wee. Seems to me like a bunch of busy bodies with nothing better to do - but that's just my opinion.

I'd really welcome some advice on how best to proceed - I don't want to bring up discrimination if this isn't what it is.

TIA

Don't know about the legalities of it but I would have thought she has a right to smoke as it is her place of residence. I once viewed a care home and there was a specific smoking room provided for residents to smoke in.

As well as her residence it is a workplace, so they might be legally obliged not to let her smoke.

Did they know before she moved in that she was a smoker. Does their website or contract say anything at all about smoking, firemhazards, enjoyment of residents. Is she renting or has she bought the flat. Is it a retirement flat or supported living, I don't know what the role of the home manager is.

Not a lawyer, but have some experience in this area.

I think she's entitles to do whatever she likes in her flat in theory BUT her lease ALSO probably has a clause saying she can't do anything to impair the peaceful enjoyment of other residents.

The other residents claim she's impairing their enjoyment of their lease (individual area + communal areas). So I'll give was this conflicting issue is why the management company asked her to take measures to eliminate her smoking impacting on fellow leaseholder (claimed), but did not tell her smoking was prohibited in its own right.

This is the sticking point. How much is she smoking? It can travel through walls and doors in ways that heavy smokers can't perceive.

If she's on less than 10 a day I'd say it can't be excessive and she's been discriminated against. If she's on 20+, I think she might have trouble arguing that. IMHO. Good luck.

I would also try and find out what powers the home manager has, are they in a position to start legal proceedings, are they threatening eviction. I would ask for a meeting with the home manager, ask for a copy of their smoking policy, ask to see the complaints, the eviction policy and their mission statement. How do you know about the previous resident. You could contact elder abuse and social services if you feel she is being bullied, if they are just a nasty precious bunch then that's very mean and you have to consider if she wants to live in that environment. If it's owned by a company you could also,ask them what policies they have in place.

Start with her lease. As a PP said, there’s probably something in there about nuisance - noise, odours etc. There are probably also provisions for termination of lease/eviction.