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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We have just bought and moved into a first floor flat. It turns

Resolved Question:

We have just bought and moved into a first floor flat. It turns out that our downstairs neighbour (renting I think) is a heavy smoker, and the smoke leaks into various rooms of our flat. Do we have any legal options?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Do the conditions of the lease or regulations set by the management company prohibit smoking?


Tom

Customer: replied 5 years ago.
Im not aware of any such conditions in the lease (our lease with the freeholder). Im not aware of any of the details of the rental that the downstairs party have, or even who the downstairs leasholder is.

Ross
Expert:  Thomas replied 5 years ago.

Hi Ross,

 

You should check the lease to see if there are any provisions in their prohibiting smoking. If there are then you and the freeholder can enforce them against the leaseholder of the flat. whos should then in turn enforce them against his tenant if he is renting. If you do not have a copy of the lease then you can ask your conveyancing solicitor to check.

 

If there is a management company who act for the freeholder then you can check with them about any regulations they set in this regard and ask that they enforce them against the leaseholder and tenant.

 

You can find out who the leaseholder is by downloading a copy of the register from the Land Registry:-

https://www.landregistry.gov.uk/wps/portal/Property_Search

 

It should have an address for service where you can write to them to inform them of the smoking. If there is a restricting in the tenancy agreement I would imagine they would be quite keen on enforcing it to save against the costs of defumigating.

 

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Kind regards,


Tom

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