Puff The Magic Wagon!

iTrader: (2)

I've googled but cant find any law/legislation in relation to whether or not a private dwelling that is used solely for renting is subject to the current smoking legislation.

The place I am living in has 1 person who smokes (in her bedroom but the smoke "escapes" ) but is meant in the contract to be totally non-smoking house. The landlady seems reluctant to do anything about it and its getting on my wick. Short of rowing with my housemate, which I dont feel is my responsibility, I want to see if the law puts the onus on the landlord to enforce a non-smoking policy.

Anyone know or provide any pointers?

Thanks

Puff

salsa-king

James
make her life hell by palying loud music, then she might move out

cookstar

iTrader: (6)

Oh come on, does a little bit of smoke "escaping" really bother you that much??

Or are you outside her door at lot?

Tam the bam

Get your own back by cooking kippers everyday

Puff The Magic Wagon!

iTrader: (2)

To be honest, yes it does. I would admit to being a re-formed ex-smoker of the most facist type. Absolutely hate it, disgusting habbit and whilst I am quite happy for the woman to kill herself, I don't want to smell the smoke whilst she's doing it.

As to the other question, NFW - she's a smoker & I wouldn't sleep or stay awake with a smoker however hot she looked (not that she does anyway).

If she wants to smoke, then she can GO OUTSIDE.

cookstar

iTrader: (6)

Do you live in shared accommodation? I'm trying to work out how you would smell smoke escaping from her bedroom door.

I think it's unreasonable to ask someone to leave their own home to smoke. Maybe ask her to open a window.

salsa-king

have a read of this James....
The Smoke-free (Exemptions and Vehicles) Regulations 2007 No. 765




is this her...

Puff The Magic Wagon!

iTrader: (2)

I rent a room in a shared house - 4 people in total. We have shared communal areas & our own bedrooms.

The Contract states that the house is a Non-Smoking house so she is at least in breach of her contract, which she signed up and agreed to. In addition the Landlady is in breach of mine as she is "allowing" the woman to smoke in the house. But the landlady is so ineffectual, I want to see whether or not I can apply additional pressure through existing no-smoking legislation, which from looking at the links in Salsa's post looks like its unclear.

Nate

iTrader: (2)

Infract her

Jamie

Set her on fire oops i iz under da investo do what nate said

RA Dunk

if she`s smoking in her room with her door closed i fail to see how it could affect you so much TBH, maybe ask her to get a smoke extractor or something, failing that kick her into the street in the middle of winter that should help you sleep much better

Lisawrx

iTrader: (1)

I'm a bit unsure on how this would work as such. I know this is a different situation, but once the smoking ban was inforce, we stayed in a hotel, and there were still 'smoking rooms'. You could not smoke in any communal areas, but you were permitted to smoke in your own room.

Obviously being a hotel, and not shared accomodation, I don't know whether there are different rules, just giving my experience in the closest way I can.

I can understand it may bother you, but so long as it's only a little drift, can you really begrudge her, her comfort? At least now with the ban and all, you only have to put up with her smoking in her room, and not everywhere.

scoobymad555

iTrader: (1)

pretty sure your landlady is in breach of the landlord and tenants act by not enforcing the contractual agreement regarding non-smoking.

Landlord and Tenant (Covenants) Act 1995 (c. 30)

couldn't be ar$ed to read through it all but there should be something in there somewhere - might be better to work the contract enforcement angle rather than the non-smoking one specifically I'm a smoker anyway so that's all the help ya getting .... honestly .... picking on an innocent minority .... should be ashamed of yaself! heh heh

jods

Firstly I must admit that I do smoke cigarettes occasionally.

However - I never smoke inside my house, and I am the mortgage payer.
To those saying that the smell of smoke can't be that bad - smoke particles are approx 0.01 to 1.00 Microns in size and can easily work their way from one room to another and present a significant pain in the **** - especially to a "reformed" smoker.

To the OP - Ask the Landlady how she would like to pay for the dry cleaning bills for all your bedding, curtains, clothes etc EVERY week until she enforces the smoking ban.

Is there no smoke alarm in the property ? There should be by law, Does the alarm go off on a regular basis requiring a telephone call to her at the time to inform her of the potential danger?

It may be that the smoker may damage bedding, carpets, wallpaper throughout the property - thereby increasing the costs of maintainance.

How many people in total live in the property? Is one of them the Landlady?

scarey

I'm a smoker in a non-smoking shared house. two of us smoke, two do not. If we want to smoke we go outside if not the landlord has made it very clear that he will invoke the one month's notice in the contract and keep the bond to pay for the room to be fumigated/cleaned for the next occupant.

TBH not a problem for me as I prefer to smoke outside anyway, and don't smoke in the car.

I'm also a firm believer that the smoking ban in bars, clubs etc...is a good thing. I much prefer the atmosphere (minus the smell of bio) you gte now.

If I want to smoke, I pop outside.

Also meet more girlies that way

The Zohan

Seems very selfish of the person to smoke in the house, why can't she go outside to smoke?

Landlady sounds useless.

Is the contract through the landlady or an agency somewhere along the line?

How do the other housemates feel about the smoking???

I would write to the landlady pointing out she is in breech of the contract as is the smoker (assuming the smokers contract actually forbids smoking)and ask her to speak to the person smoking and to stop smoking in the building.

If not move somewhere where they respect the other housemates and contract.

jasey

You presumably have asked her if she wouldn't mind not smoking or trying to prevent the smoke from coming into the rest of the house ?

Other than that - My suggestion would be to eat beans / curries etc and fart outsite her door until she gets the message about sharing un-pleasant smells with others

Luminous

iTrader: (3)

Sounds like the contract enforcement angle is your best bet if its annoying you a lot. I don't get the issue, but then I don't live there. If you moved into the house because it was non smoking, and now it turns out not to be then you will probably have some legal recourse.

If however you upset your landlord when you go down this route you may be looking for alternative accommodation....

stara

take this in the nicest way, but, life is too short to become fixated with such an insignificant problem, you asked your landlady, she's not bothered. move on. it is so easy to get things like this all out of proportion. i remember 2 of our neighbours, it started with their 2, 4yr olds arguing over a toy that was neither of theirs.....fast forward 12 months of gradually escalating arguments into screaming matches into fights and onto one of the kids mothers stabbed in the face with a stilletto heel, and one of the kids fathers beaten unconcious with a wrench. of course it is your right to not want to smell something you don't like, hell we have a guy near us who thinks it ok to burn stuff in his garden once in a while, but it is only once in a while, we just close our windows, tut to ourselves, and crack on with life, the guy is a nice guy and it is not worth falling out over. just don't get pulled in to a fixation spiral, it's not worth it.

Puff The Magic Wagon!

iTrader: (2)

Thanks for the advice. I should just growl at the girl & I'm sure she would stop but we never see her (she comes home at 17:30 and stays in her room until 09:30 the next day!). If I do, then I will ask her to stop in my best french, otherwise I don't wish to intrude on her privacy and feel its up to the landlady (who lives off-site) to resolve. Even though we never see her, I dont want to get into a confrontational situation as I still have to live and relax there. I will continue to apply pressure to the landlady to sort out. The contract specifically states no smoking and the other 2 in the house, 1 is new and hasn't made comment, and the other is dead against it.

I have a 6 month contract which ends in March and although the place is handy, has parking and a gym, if she doesn't sort it, I will go.

StickyMicky

People who smoke, don't have a clue just how much people who who have very little contact with smoke, can smell it.

if they realised how badly they stink they might stop to be honest, it actually turns my stomach and i have left restaurants before because somebody on the next table has just nipped out for a quickie, and came back in really smelling like a tramp, nothing puts me off food quicker, its horrible

when my old man was alive he used to make my mam smoke at the back door and keep it away from the house, fair enough, after he popped his clogs a year ago, my mam has started smoking all over the house, and honestly i only have to visit for 5 mins and i stink of it even if she is not smoking, its horrible, like everything gets impregnated with it, i have my sisters laptop here to have a look at as its broken and that smells like an ashtray as well

she keeps sending me messages saying stuff like "you have not visited in ages" etc etc, but i just cant stand it, and its not worth mentioning it either

the only time i will visit now is near the end of the week when i know we are due to put the washing machine on when i get in!

fivetide

iTrader: (1)

If she's French she's used to the smoking ban as they have it there too.

You main concern is if it is non smokign house having to pay for the cleaning. Sure the landlady isn't bothered because she's already decided to keep her bond because of it. Make sure she doesn't try it with you as well!

5t.

GC8WRX

So called reformed ex smokers are the worst, chill a bit dude

If i was paying to live somewhere, and i was told to go into the freezing cold to have a ***, i would politely tell that person to do one.

At least she smokes in her room, that is considerate, is it not.

I say leave it, if she smokes in the lounge then you can say something!

BlkKnight

can't you just put draught excluder's on her door?

Underworld

call 999

PaulC72

Duct tape around her door frame

Jamie

StickyMicky is victor meldrew

4X4BOB

A roll of gaffa tape will work well.

When she's in her room, stick gaffa tape all around her door, sealing her and her smoke in!

Problem solved!

If she asks why you keep doing it every night, just tell her about the smoke smell.

StickyMicky

i bet you stink

Jamie

Nope we use showers every day