Smoking causing problems

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    Smoking causing problems

    Old building converted into flats. A leaseholder in flat below chain smokes and fumes are going to flats above. This is unpleasant and a health risk. Smoking is a legal activity. Can any lawful action be taken to stop leaseholders smoking in their flats ? I wondered about the not causing a nuisance or annoyance covenant.

    #2
    It could fall within the nuisance, annoyance or disturbance clause to others. Alternatively the freeholder or management company may be able to argue that there is a health risk or a fire risk or damage by discolour.

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      #3
      Originally posted by scot22 View Post
      Can any lawful action be taken to stop leaseholders smoking in their flats ?
      Short answer - No.

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        #4
        Id be more concerned about HOW the cigarette smoke is getting into all these flats - it doesn't bode well should there be a fire.
        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

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          #5
          Many thanks for the prompt and helpful replies.

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            #6
            Many thanks for taking the time to give prompt and helpful replies.

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              #7
              Why are my thanks posts unapproved ?

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