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Hello all, I hope to get a solution to this hopeless situation we have found ourselves in.
We are in an apartment building in the UK. We came here because the apartments are supposed to be this quiet, non-smoking building. This is also very clearly stated in the landlord/tenant agreement that the tenants are to not smoke in the building alongside other things the tenants can/cannot do plus the responsibilities of the management/landlord.
The D.49 (section D is the "Your/Tenant's Responsibilities")section of our contract states "Smoking: Not to smoke (of any type including vaping and shisha), or allow anyone else to smoke in the apartment or on any outside space within the demise of the apartment."
Section D.33 also states "Nuisance and noise: You must not do anything at the premises or the building (including playing any radio, television or musical instrument) which causes a nuisance to or annoys us or your neighbours or which might reasonably be considered to be antisocial behaviour. In particular, you must not play any music which can be heard outside the premises between 11.00 pm and 8.30 am."
Section E ("Our/Management/Landlord responsibilities") particularly E.8 part of the contract states "Quietly enjoying the premises: We will allow you to quietly enjoy the tenancy. This means you can live in your home without any illegal interruption from us or others on our behalf as long as you have paid the rent and carried out your responsibilities as set out in this agreement."
We have been at this property for about 1 year 5 months. We love it here. The problem is a few months back ( about 6 months back ) new neighbours have moved in on the flat that is on the side of ours. They smoke weed every single day at 10 AM, 1 PM, 6 PM, 9 PM, 2 AM and 5 AM. We have shut out windows and doors ever since they moved in because if we do not, we will not be able to work, sleep or even just stay in our apartment as the smoke just covers the entire apartment. This also makes us a bit dizzy as none of us smoke and as a result, we have headaches throughout the day. We are not even able to sleep because we are woken up at 2 AM and 5 AM with the smoke covering our entire apartment from head to toe. I wish this was the solution but even if we keep our doors and windows closed, they smoke inside their apartments and the smoke travels through the vents, ultimately covering our apartment again.
We have informed our landlady about this multiple times but we do not receive anything back from her. Once every month she sends an all-building email about the building and events that are being hosted and in the same email she instead includes something like "Do not smoke as it is against the contract and smoking illegal substances is punishable by law". She once asked about evidence, and we have sent her literal videos of those neighbours smoking joint(s) and yet there is no response from her. We have even asked her if there is a possibility of discussing this further and to come up with a solution as well, but as always there is no response.
I wished this was the only issue but they are extremely loud at night as well. They get drunk, go to the balcony and start shouting at people down below.
We feel like the landlady and the management have let this go on purpose and they in turn are not fulfilling their part of the agreement in the contract.
We do not want to move from this place we love just because of neighbours who cannot keep to the contract while we are. We also do not want to move simply because the landlady does not uphold her part of the agreement.
We would greatly appreciate any advice or recommendations on how we should proceed.
We are in an apartment building in the UK. We came here because the apartments are supposed to be this quiet, non-smoking building. This is also very clearly stated in the landlord/tenant agreement that the tenants are to not smoke in the building alongside other things the tenants can/cannot do plus the responsibilities of the management/landlord.
The D.49 (section D is the "Your/Tenant's Responsibilities")section of our contract states "Smoking: Not to smoke (of any type including vaping and shisha), or allow anyone else to smoke in the apartment or on any outside space within the demise of the apartment."
Section D.33 also states "Nuisance and noise: You must not do anything at the premises or the building (including playing any radio, television or musical instrument) which causes a nuisance to or annoys us or your neighbours or which might reasonably be considered to be antisocial behaviour. In particular, you must not play any music which can be heard outside the premises between 11.00 pm and 8.30 am."
Section E ("Our/Management/Landlord responsibilities") particularly E.8 part of the contract states "Quietly enjoying the premises: We will allow you to quietly enjoy the tenancy. This means you can live in your home without any illegal interruption from us or others on our behalf as long as you have paid the rent and carried out your responsibilities as set out in this agreement."
We have been at this property for about 1 year 5 months. We love it here. The problem is a few months back ( about 6 months back ) new neighbours have moved in on the flat that is on the side of ours. They smoke weed every single day at 10 AM, 1 PM, 6 PM, 9 PM, 2 AM and 5 AM. We have shut out windows and doors ever since they moved in because if we do not, we will not be able to work, sleep or even just stay in our apartment as the smoke just covers the entire apartment. This also makes us a bit dizzy as none of us smoke and as a result, we have headaches throughout the day. We are not even able to sleep because we are woken up at 2 AM and 5 AM with the smoke covering our entire apartment from head to toe. I wish this was the solution but even if we keep our doors and windows closed, they smoke inside their apartments and the smoke travels through the vents, ultimately covering our apartment again.
We have informed our landlady about this multiple times but we do not receive anything back from her. Once every month she sends an all-building email about the building and events that are being hosted and in the same email she instead includes something like "Do not smoke as it is against the contract and smoking illegal substances is punishable by law". She once asked about evidence, and we have sent her literal videos of those neighbours smoking joint(s) and yet there is no response from her. We have even asked her if there is a possibility of discussing this further and to come up with a solution as well, but as always there is no response.
I wished this was the only issue but they are extremely loud at night as well. They get drunk, go to the balcony and start shouting at people down below.
We feel like the landlady and the management have let this go on purpose and they in turn are not fulfilling their part of the agreement in the contract.
We do not want to move from this place we love just because of neighbours who cannot keep to the contract while we are. We also do not want to move simply because the landlady does not uphold her part of the agreement.
We would greatly appreciate any advice or recommendations on how we should proceed.
