Neighbours Smoke

NinjaTruncs

fussyonion wrote: »

I don't think you've a leg to stand on.
The people are smoking on their balcony and they're perfectly entitled to.

It may not be their balcony. In my development all balconies are owned by the management company. Residents only have exclusive use of them. However the management company are within their rights to stipulate what can be done on the balconay. If a resident smoking on a balconay is affecting another residents quality of life the MC may be within their rights to ban smoking on balconies.

Muahahaha

Henry Ford III wrote: »

Of course a legal action is possible - you'll easily find a solicitor these days who'll take the most fanciful case, provided you'll pay them.

I'd be of the opinion that no judge will find against a neighbour in the circumstances described however. It's just totally unreasonable.

To a large extent I do agree with you, I wouldn't think most judges would rule in the OP's favour here. Which is why I said the only way I could see it happening is if they get a letter from an ENT consultant stating that there are traces of carcinogens from tobacco present in their throat and that those carcinogens are adversely effecting their health. The OP is already claiming that this is the case, a lot of us here are doubting it to be so. But if it really is the case that the OP is having throat problems because of this smoke then they'll have no problems in finding an ENT consultant who will back this up using medical evidence.

If the OP gets that medical evidence then (and only then) they may well persuade a judge. The extent of the medical evidence would be cruicial too, like if the neighbour gave the OP lung cancer then the judge would most likely rule in their favour but if this smoking is just an irritation and nothing more (and I suspect it is) then the judge is likely to rule that although it is annoying for the OP there is nothing stopping them from moving home.

As I said before I'd be shocked if a several cases similar to this one hasn't already arisen in the UK. The OP should find those cases with similarities and see what the judgements were. If there is a case that is very similar to their own and the judgement went the way of the non-smoker then they stand a decent chance. They could also search for cases in the Australian and Canadian legal systems too as they also operate under common law and judgements in those countries are of persuasive value to judges here.

Muahahaha

NinjaTruncs wrote: »

It may not be their balcony. In my development all balconies are owned by the management company. Residents only have exclusive use of them. However the management company are within their rights to stipulate what can be done on the balconay. If a resident smoking on a balconay is affecting another residents quality of life the MC may be within their rights to ban smoking on balconies.

That's a good point- the mgmt co can dictate what a balcony can be used for or not used for, eg most of them forbid the drying of clothes on balconies

In theory another way the OP could solve this is to get voted onto the mgmt co at the AGM and then go about enacting a special resolution banning smoking on balconies. The resolution would have to be voted on according to the rules as laid down in the Articles of Association of the mgmt co. It is a lot of hassle but technically possible so it is actually a way to skin this cat rather than going the legal route.

Henry Ford III

Muahahaha wrote: »

To a large extent I do agree with you, I wouldn't think most judges would rule in the OP's favour here. Which is why I said the only way I could see it happening is if they get a letter from an ENT consultant stating that there are traces of carcinogens from tobacco present in their throat and that those carcinogens are adversely effecting their health. The OP is already claiming that this is the case, a lot of us here are doubting it to be so. But if it really is the case that the OP is having throat problems because of this smoke then they'll have no problems in finding an ENT consultant who will back this up using medical evidence.

If the OP gets that medical evidence then (and only then) they may well persuade a judge. The extent of the medical evidence would be cruicial too, like if the neighbour gave the OP lung cancer then the judge would most likely rule in their favour but if this smoking is just an irritation and nothing more (and I suspect it is) then the judge is likely to rule that although it is annoying for the OP there is nothing stopping them from moving home.

As I said before I'd be shocked if a several cases similar to this one hasn't already arisen in the UK. The OP should find those cases with similarities and see what the judgements were. If there is a case that is very similar to their own and the judgement went the way of the non-smoker then they stand a decent chance. They could also search for cases in the Australian and Canadian legal systems too as they also operate under common law and judgements in those countries are of persuasive value to judges here.

That too makes a degree of sense, but I'd be of the view that it's impossible prove that passive smoking specifically from a neighbours balcony is the cause of any health issues.

Don't forget the OP has stated smoke is entering their flat through open windows/doors. Vents are designed to prevent smoke ingress.

If they close the windows and doors whilst smoking is going on the amount of smoke coming in will be minimised.

Living in a block of flats isn't ideal, and compromises have to be made to some degree.

p.s. I'm a non smoker incidentally.

Chris_5339762

Just to add that in most cases, the balconies are part of the common areas with right of access, so ownership/leasehold doesn't cover them. "Technically", people smoking on the balconies are smoking in the common areas.

Does that muddy the waters a little?

ShaShaBear

I live in a house with my OH who was a heavy smoker, and lived in a small one-bedroom apartment with him before this house. I have never smoked and would have to be sitting right beside him for at least three hours (about 7 cigarettes) to develop a sore throat or cough.

It's practically unbelievable that second hand smoke is getting through your vents from a neighbour's balcony and spreading around your house to such a degree that you are developing health issues. It would be different if there was a beer garden under your balcony and 50-60 people's second hand smoke was rising.

Are you sure your partner isn't smoking on the sly and blaming it on the neighbours?

regress

Vents have filters that prevent smoke ingress. Windows can be closed. I don't understand why someone who felt that cigarette smoke was coming in through their windows to the extent that the OP is claiming would want to keep them open or would not put up curtains. Which would effectively block the incoming smoke.

Agree with earlier poster that OP is a hypocondriac, anti smoking fanatic and once again I would claim that her claims for sore throats, nasty coughs etc as a result of neighbour smoking on their balcony are ludicrous. Pychoscamic nonsense even if she believes it.

Living in close proximity to others does require a degree of tolerance which the OP doesn't have. She should move to a cottage in the woods.

mikom

regress wrote: »

Living in close proximity to others does require a degree of tolerance which the OP doesn't have. She should move to a cottage in the woods.

Slurry spreading, birds tweeting................. I sense we will see a new thread from them.