Can I affect anothers tenancy agreement if it affects me?(uk Law)?

Question

I have a problem with second hand smoke in my apartment.

I live upstairs in a low rise two storey block. The downstairs flat was sold through right to buy and is now let to a new tenant. This is the first private tenant to occupy the flat. The flat was let as a smoking flat.

Can I interact in any way with the owners right to let this flat as a smoking flat?

I had discussed the way that smoke used to come through in the bathroom to the owner when she lived in the property, it hadn’t been an issue as it was only in that room and I had wondered if it was a prob with our bathroom extractor. So she could have seen a potential prob with letting as a smoking flat.

The amount of smoking entering our flat through the floor is negatively impacting on our ability to live in our home.

Could/Should I take legal advice.

I feel bad as this person downstairs is within their rights to smoke and freely admits that , “3 packs is not the end of it” and fobs me off when I request they smoke on their patio while I await a solution. I’m sure the owner did not anticipate such a heavy smoker; as though she used to smoke when she occupied the flat it was only in the bathroom that we noticed it & it was not much of a problem.

(The local authority buildings inspector and environmental health officer have inspected as it is a local authority housing stock and all agreed it was a problem. While I await action , which may involve renovation/disruption, I still have the problem.)

I feel this is going to be a long slog and I wonder if legal advice could get rid of this tenant who could find a block of happy smokers together.

Please do not reply that you believe I’m intolerant. I welcome a swap/exchange, if you want to try living like this with an asthmatic kiddie. Advice with a legal slant rather than abuse please.

Answer 1

Actually, I don't think you are intolerant, having an asthmatic child I can well understand your attitude!  What I think is wrong, whoever owns the building, and allowed smokers to rent the flats, he/she should have had enough sense to have smoking flats on one side of the building the nonsmokers in the other!!!  What I don't agree with your question is this!!! When the day comes, and I can see it happening in England, when the authorities tell you what you can, or cannot do in your own home, you are no longer free!  It won't be just stopping you from smoking, think how you would feel if someone told you you can't have an asthmatic child on the premises! A dog, or a cat? How many times you are allowed to flush the toilet! Everyone must be off the streets at dusk!! NO drinking, no dancing, now we are getting back to the Middle ages! No Christmas, because it's a pagan holiday, can't practice your own religion, the list goes on.  Do you ever think when your child cries, it maybe upsetting someone living next to you?  I know this isn't what you want to hear, but, with all these rules and regulations popping up, usually because someone like yourself, who can't tolerate second hand smoke, and suggesting the smokers find their own little island to roost, THAT my dear, could come back and bite you where the sun doesn't shine!!!  I believe I live in a free world, and can persue happiness without interference from anyone!

Answer 2

.    This is a universal problem in "shared" housing like apartment complexes and condos.  Smoke seeps everywhere and it lingers in fabric and paint.  But if you moved into housing that allowed smoking, then you were put "on notice" that people nearby might be smoking.  I don't think you will win. But they may allow you to break your lease and move.