Cigarette smoke nuisance

[HazeltonLane]

I am a leaseholder in a block of 25 flats. Our leases state that "the lessee must refrain from doing anything on or within the premises that may be a nuisance to the other lessees or occupiers of the Development".

The occupiers of one of the flats (tenants of the leaseholder) are heavy smokers. The internal corridor leading to their flat reeks of cigarette smoke and the smell carries to the outer hallway. A few times a week the cigarette smell is embellised by the strong aroma of weed.

There are five other flats sharing the same internal corridor and the smell(s) permeate these flats.

Is this a breach of the lease in nuisance terms?

I'd have to move

I don't think you can do anything about the cigarette smoke (as much as it certainly is a nuisance - with a small n) but the weed could surely come under the lease terms as a nuisance? Can you contact the leaseholder?

The leaseholder isn't interested, unfortunately. He says he can't prevent the tenant from smoking in the flat. There is a ventilation system but the tenant may have switched it off as the fans are noisy (many in the block do this).

I've already looked into whether the police would do anything in regard to the weed—they won't. They're only interested in dealers.

I have a similar issue.

I have a 1st floor flat in a block of 6 flats. The older couple below my flat both chain smoke all day and the smoke comes up through the pipe work into my flat.

My flat absolutely stinks.

I spoke to the management company who this me there have been complaints going on 20 years and there’s nothing can be done. I was told my best hope is that they smoke themselves to death (I kid you not).

I spoke to my local council - again there’s absolutely nothing they can do.

It really irks me how they can smoke and my flat stinks because of it & there’s absolutely nothing I can do. I’ve tried speaking to them - they won’t do anything about it.

NorthernSpirit That sounds dreadful. You have my sympathies.

There needs to be a change in the laws about such things. This is all very wrong!

@HazeltonLane

NorthernSpirit That sounds dreadful. You have my sympathies.

There needs to be a change in the laws about such things. This is all very wrong!

Blimey, smokers are banned from smoking at work, in pubs and cafes, on public transport, and now you think you should be able to prevent them from smoking in their own homes if they happen to live in flats!

I’d have to move, that’s absolutely vile.

@LakieLady yep, I would vote for a full on van except in remote areas away from people. It’s disgusting.

*ban

LakieLady Yes I do.
I thought 20 years ago that smoking should just be banned altogether—what good does it do anyone?
Ex smoker by the way. Yes it's hell to quit… for two weeks… and then you forget about it.