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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70289
Experience:  Over 5 years in practice
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my heighbour who lives in the flat below mine will not stop

Customer Question

my heighbour who lives in the flat below mine will not stop smoking .i have asked him to stop on two occasions but continues.i have sent messages to his landlord who asked is he smoking? he has denied it and his landlord beleives him .25 years ago i had cancer of the throat from smoking and the tennant below me is awair of this .what can i do?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I'm really sorry but he is perfectly free to smoke if he wishes. Its a lawful activity and its up to him.

I understand your views on the point but its nothing that either you are or the landlord can do anything about. If he wants to smoke he can.

If there is a term in the tenancy preventing smoking then thats for the landlord to enforce if he wants to but its difficult to prove. Anyway, he isn't going to get him evicted for a breach of this kind I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.