Neighbour problems-smoking in shared entry

Smoking on your own property isn't illegal (although throwing your butts into the street is), so, other than talking to them, there isn't a lot you can do.

Is he outside in a porch, or inside in a hallway ? Surely just keeping your window closed while he's out there would stop the smell getting in.

I think the smoking ban applies when the place in question is covered on three sides (could be wrong) - I guess this would generally apply to a porch, and if it isn't actually his property he doesn't have any right to smoke there.

Thanks for reply. Its an entry that comes of the street that goes up the middle of the 2 houses.There is a door to the entry. There are no windows in there just the front doors which are opposite each other. I will wait till my H comes home and we can have a chat with them. Maybe he can stand by the entry door. Does it make any difference if they rent(we own our house)?

I'm guessing that your house has a similar set up to ours - shared double width open porch with a door to each house.

You have my sympathies, our old neighbour used to do the same thing. He was an old guy and would sit outside, or in the porch if raining, watching the world go by and smoking. As it's right outside the door there is no way of stopping the smell from invading, and having to walk through the smoke to get into our house was horrible.

We were lucky in that he stopped smoking about a year after we moved in. Other than that there's nothing you can do about it. He can easily stand on his side of the shared porch and therefore he's on his own property. I wonder why he doesn't smoke at the back door instead though.

Thanks for the replys. I shall see how it goes and maybe have a polite word with them. They seem a nice couple so hopefully they will understand!

Ah, I think I can visualise the arrangement - so presumably the porch is part of his property, whether he rents or owns it (doesn't make a difference unless the landlord has a policy against smoking). As you say he might well be reasonable about it - you could always buy him a golf umbrella!?

I'd prob monitor it for a day or so and then have a friendly word. It is so annoying. Do you/any of your family have asthma? I find some smokers sometimes react better if you have a medical type reason to mention it, as they don't always see how utterly disgusting it is.

I've been trying to find pictures of what I mean but can't really find any. Its not a porch though. I shall be praying for dry weather?

Shared entries to homes are definitely covered by the smoking ban. You can smoke inside your own home, but not in any area that is not exclusively yours (i.e. shared access).

Who actually owns the shared bit? Is there a leaseholder? If so, they should really put up no-smoking signs in line with the smoking legislation (our leaseholders had to do that in the entry halls to our flats).

One thing to really think about is just how much of an issue is this?

For us, while it wasn't pleasant walking to our front door while he was smoking and we could smell the smoke in our own house at times, it also wasn't a big problem in the scheme of things. We're both non-smokers, and quite vocal about it, but there are much worse neighbour problems, and in the scheme of things we preferred him smoking out the front because it meant our back garden / washing etc wasn't invaded by the smell of smoke instead. If you let it become an issue then it's all you'll focus on - it might be wise to just let it ride for a while and try not to get worked up about it.

I have to agree. If your first real contact with new neighbours is to make a complaint, it could set the tone for your future relationship. Get to know them for a couple of weeks, and then maybe bring it it up (if they seem reasonable).

You're right as I can see myself getting upset by it. The trouble is I really can't stand smoking. Its the fact we have to come up the entry to go into our house.

We own our house so we own half and the neighbours have a landlord so I supposes he owns the the other half. We are freehold but not sure about next door.

I can't stand smoking either - walking behind a smoker on the street is one of my pet hates - but if you let yourself get wound up by this, when you can't change it, then you'll just make yourself nmiserable. Let it ride for a while, and focus on the good things about your neighbours instead.

I have calmed down a bit now esp as he hasn't been out for over an hour?Anyway thankyou for your help.

I'm in a towerblock and all the public areas are no smoking but if you own your flat (we rent from the local council) you can smoke in your own home and because the wind is from the south I can smell the smoke from the lady underneath me as it comes up through where the pipes run... I hate it but can't do anything about it....

Hmmm, I used to live in a house where we shared a drive with our neighbour and I'm 99% sure that you can't have shared ownership between two properties. Legally one property HAS to own it and the other property is then given non-negotiable access across that land/building.

I have to disagree that homes could be considered covered by the smoking ban. is is not only places of work? i would presume that he can stand in his own porch and smoke if he likes.

Whilst its not nice for you, there's nothing you could do about it if he decides its what he wants to do.

We have a neighbour that barbeques in the summer on most days and whilst it drives me mental, I can't do a lot about it and have to deal with it or move. (not that i'm saying you should move!)

Their black bbq smoke goes on our conservatory windows and comes pouring into the house if our windows are open.

They are a really nice family but i can't ask them not to bbq

You know when you said about it being 'awful out there' i assume you meant the weather? not awful as in smokey? ?

in which case is he only likely to smoke in the porch is bad weather? if so it may not be as bad as all that.

No, not just places of work. It's any communal enclosed space. The communal areas of our block of flats all have the "It is illegal to smoke..." signs up.

WMS - ours too.

?

u could wait until he's out there mid-puff & Spray some airfreshner into the area?! That might get ur point across...

Is it a tiny wee space?... Does he smoke 40 a day?.... I wouldnt get too worked up...

(easy for me to say I guess)

We had a similar problem recently which I posted on here about - smoke from the neighbouring apartment was coming into our apartment through the shared entrance hall, and making the entrance of our apartment stink. We bought some sticky sealant stuff (don't know what it's called, sorry!) from Homebase and sealed round the edge of our doorframe, and now the smell doesn't come through at all. Would that be an option do you think?

Thanks for all the replies. I actually spoke to the neighbours today and they were fine about it and apologized. She carried on chatting to me so hopefully all is well. He did go out for a cigarette a bit later but sat on the wall out the front.