Drifting secondary smoke

[terminal7]

My son (plus wife, son and impending daughter) own the top half of a terraced house. The next door house that is the cause of the problem – see below – is owned by a Housing Association. They have lived there for some 5 years and about 3 months ago they started to experience the smell of cigarette smoke in their bedroom which has a party wall with next door. To cut a very long story short – my son established that the grandson of the named tenant next door had ripped up the carpets (about 3 months ago) in his bedroom – this is the room at the same level of my son’s bedroom and effectively is on the other side of the party wall. Furthermore, he regularly smokes in his bedroom.
Despite numerous courteous requests to stop smoking in this room and replace the carpeting nothing is done by the Housing Association to seriously encourage the grandson not to smoke in his bedroom. ‘ He has a right to smoke in his abode’ etc... Furthermore, the HA will not force him to replace the carpets – even though it appears his actions represent damage to his fixture and fittings and are covered by a clause in in the gran’s tenancy agreement.
My son has tried to persuade the HA to send around a surveyor to establish where the likely ‘weak’ spots are in the party wall – all to no avail.
The above is a précis of the last 3 months. Has anyone an idea of any legal remedy?

ps

I know that there are certain individuals who are partial to a dabble on the Grand National - indeed they did partake 2 years ago to a very profitable venture. By way of shameless 'encouragement' - I promise to post on the Sports page a 50/1 shot (over 80/1 on Betfair) that will if it runs will be down to 25/1 on the day - think of the arbitrage opportunities - in fact I would be surprised if it fails to get in the first 4.

[Dod101]

Answer? No the next door neighbours are entitled to smoke if they want in their own space. Just as I am to drink in mine. One of the problems of Social Housing.

Dod

[Meatyfool]

Your mention of the carpet appears to me to suggest that you think it was this that enabled the smoke to cross the party wall.

Not surprising as even modern housing can be as leaky as Swiss cheese.

Solution is to pull up the skirting boards and put expanding foam between the wall and floor, then replace.

Also prevents droughts and heat escaping out of the house.

Meatyfool..

[Clitheroekid]

The above is a précis of the last 3 months. Has anyone an idea of any legal remedy?

Unfortunately, it's very unlikely that you have any effective legal remedy.

For a start, the only action you could take would be against the tenant, not the HA. It's well-established that a landlord is not generally liable for their tenant's actions.

Furthermore, the legal claim against the tenant, if one existed, would be in `nuisance'. But it's very unlikely that a court would deem a `smell of cigarette smoke' to be sufficiently serious to warrant granting an injunction and/or damages against the tenant.

As has been suggested by Meatyfool you are far better trying to remedy the situation at your end by sealing up any gaps between the two houses to stop the smoke permeating into your property.

[terminal7]

Thank you for your kind replies.

Indeed early last week my son in fact had the suggested work undertaken. The good news is that the problem appears solved in the bedroom. The less good news is that the problem has migrated along the party wall to the hallway. Needless to say the next job will be to sort the hallway floor.

TY CK re the fact that the tenant not the landlord is the responsible party - probably that why the HA is proving totally non-receptive to addressing the issue despite the fact that the tenant 'caused' the problem by ripping up the carpets.

T7

ps I have not forgotten about the GN but was awaiting the announcement yesterday of the entries to the Irish GN. As I had envisaged my 'nag' has also been entered for this race - which this year is before the Aintree GN. It is Irish trained so may be more likely to go for the Irish GN. Will post advice soonest!

[supremetwo]

Thank you for your kind replies.

Indeed early last week my son in fact had the suggested work undertaken. The good news is that the problem appears solved in the bedroom. The less good news is that the problem has migrated along the party wall to the hallway. Needless to say the next job will be to sort the hallway floor.
TY CK re the fact that the tenant not the landlord is the responsible party - probably that why the HA is proving totally non-receptive to addressing the issue despite the fact that the tenant 'caused' the problem by ripping up the carpets.

Chap has spent £35,000 on legal fees and lost the case against the neighbour to stop using a wood and coal stove, whose smoke was affecting an asthmatic child.
(~40 minutes in)
https://www.my5.tv/the-nightmare-neighb ... -next-door

[midnightcatprowl]

Chap has spent £35,000 on legal fees and lost the case against the neighbour to stop using a wood and coal stove, whose smoke was affecting an asthmatic child.

According to articles in the Press yesterday the government may end up having to ban these wretched things - now identified as a major source of air pollution of a partcularly dangerous type especially in urban areas.