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Smoking outdoors

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  • Smoking outdoors

    Just in the process of moving into the top and first floor flat in a block of 4 flats, we all have our own front doors next to each other, in a line. I am at the end and the guy on the ground floor has his immediately next to my back door, we have small covered porches.

    The guy downstairs has recently moved in too, just saw him this evening.
    To get to my front door, I have to pass along the back of the building passing the three other tenants properties (we are all AST renters).

    The problem: Ground floor Neighbour was standing in his porch smoking, he did it several times over the period that as I was bringing my belongings into my flat. I can't stand the smell and I certainly don't want to be breathing it in. I had my door open obviously and tobacco smoke was finding its way into my property - okay I am very sensitive to the smell.

    I reckon that I have a right not to have smoke entering into my flat and also I want to keep the door open at times to let the FRESH air in and tbh I don't want to be smelling tobacco in the garden area either.
    What are my rights and what are his? Can I ask him to smoke a bit further away from the property - there being a garden area. Which brings me onto another issue, what if he wants to smoke while sitting outside on a beautiful day, polluting the air?
    I have not been around smokers for years I have forgotten that people still do and I never anticipated that I would be forced to deal with it at my own home. Help!
    Tags: None

  • #2
    Have you asked them to stop? Never heard of any law banning smoking outside only on premises covered by byelaws

    Comment


    • #3
      Anything in the tenancy agreements about smoking?

      If not there's not much you can do other than ask him nicely not to. He will probably point out that smoking in your own property is not illegal and he is entitled to do so.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        Polite and friendly conversation is the key.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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