Smoke drifting from a neighbour's house can be frustrating, especially when it enters your home. Beyond the smell, excessive secondhand smoke can cause health problems and worsen existing conditions. Instead of arguing, there are legal actions you can take to resolve the issue. Legal expert Markus Lindblad from Haypp offered guidance on steps people can take.
Do you have any legal rights?
Lindblad explained: "If a neighbour's excessive smoke affects your enjoyment of your home, you have the right to complain to the local council, which may investigate it as a 'statutory nuisance' under the Environment Act. If the council determines a statutory nuisance is occurring, an abatement notice will be issued, and failure to comply could result in fines for the smokers."
He recommends creating a comprehensive log documenting specific dates, times, and the severity of the smoke before reporting to your council. This includes mentioning any direct impact on your wellbeing, particularly if you have health conditions such as asthma. Once sufficient evidence has been gathered, you can move forward with legal action.
Should you contact Landlords or Freeholders?
Lindblad added: "For those in rented accommodation, if your neighbour is a tenant in social or private housing, you can contact their landlord or managing agent, as they might often have a 'nuisance clause' in their tenant agreement." This means the landlord or managing agent can enforce any building regulations that prohibit smoking. If they are a leaseholder, the freeholder may be contacted to resolve the matter.
What the Government says
According to Gov.UK, under the Environmental Protection Act 1990, councils should investigate complaints that could be a "statutory nuisance." For smoke to qualify, it must either "unreasonably and substantially interfere" with the use or enjoyment of a home or injure health or be likely to do so. If a council decides that a statutory nuisance is occurring, it must issue an "abatement notice." This requires the person responsible to stop or reduce the smoke.
Statutory nuisances can include excessive noise, smoke from premises, strong smells from businesses, artificial light, insect infestations, and accumulations such as rotting rubbish. Neighbours smoking in their own home or garden is generally considered a "reasonable use" under UK law; however, if the cigarette smoke drifts from a neighbour's garden or window into your home, it might be investigated as a statutory nuisance.
How smoke complaints are assessed
Environmental health officers usually assess complaints and consider factors such as the amount of smoke, how often it occurs, and how long it lasts. Some types of smoke are excluded from statutory nuisance laws, including dark smoke from certain buildings and industrial chimneys, smoke from steam trains, and smoke from premises occupied by the armed forces or visiting forces.
Lindblad noted: "If your neighbour discards cigarette butts into your garden or a communal area, you can report it as littering under the Environmental Protection Act 1990, which can result in a fine of up to £150 for the offender."
