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Category: Property Law
Satisfied Customers: 1313
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I own and live in my own apartment at the top of a wooden

Customer Question

I own and live in my own apartment at the top of a wooden apartment block managed by a housing association. Both tenants on the two floors below smoke and l have second hand smoke rising from the apartments below filling my apartment with smoke. What can l do, as this is affecting my health.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have contacted the housing association and their replay was that occupiers can do what they like in their own homes. I have also purchased an air purifier but this is if little help. I have not filed any paperwork.
JA: Where is the apartment located?
Customer: Runcorn, Cheshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 10 days ago.
Category: Property Law
Expert:  frantzgregory replied 10 days ago.

Hello, thank you for contacting JustAnswer. I will be assisting you with your question.

Expert:  frantzgregory replied 10 days ago.

You need to report this to the council. I don't understand how smoke gets into your apartment in the way you report. Is it through the windows?

Customer: replied 10 days ago.
as l can't open the windows due to neighbours having theirs open and smoke drifts in through mine.
The building is of a wooden construction and obviously there are gaps everywhere in the walls and floors. I live at the top of the 3 storey building and so the smell and smoke comes up through the double skinned walls.
Why should l contact the council,as its not a council owned building?
Customer: replied 10 days ago.
Expert:  frantzgregory replied 10 days ago.

If the smoke is affecting you it raises anti social issues just the same way noise does  They will of course ask that you contact your landlord but you have already and they were not helpful

Customer: replied 10 days ago.
OK, so the council may help. What could they do?
Expert:  frantzgregory replied 10 days ago.

They have powers to deal with anti social issues.

Customer: replied 10 days ago.
OK. Thank you for your response.
Expert:  frantzgregory replied 9 days ago.

I hope this response has helped. My goal is to give you the best experience possible! I hope I have earned a 5-star rating today. Please remember to rate my service by selecting the 5-stars at the top of the screen before you leave JA today. If you need more assistance, you can ask another question on the site. It has been my pleasure to assist you.