Next door's smoking leaks into my son's bedroom....

[marycontrary]

I live in a middle terrace in North Wales, and every morning my son's room stinks of tobacco. Not cigarette smoke, but sweet tobacco, it's horrible. To top it off, my six year old is asthmatic and is needing his inhalers during the night because of it! What rights do we have, if any? It's one of next door's teenage sons, but what can we do? He is allowed to smoke in his own home, we are allowed not to have to smell it in our own home!! It doesn't come through anywhere else in the house, but the smell in the little bedroom is gagging in a morning!

[mycats]

How is it getting into your house?? Sweet tobacco? are you sure its not cannabis?

Have you talked to your neighbours and explained the situation?

[Curry King]

Do you know if it's coming in through an open window? If so, then you will have to keep the windows closed at night. I cannot imagine that smoke can get through walls?

[Pippa68]

My sister in law complains about the same thing with her neighbours ~ only in their case it comes in through the downstairs (kitchen).

I have a heavy smoker living next door and I can't smell a thing. Like Curry King I can't see how this is happening.

How about getting a surveyor or builder in to see if there is a problem with the walls?

[feebal]

Have you checked the state of the shared wall underneath the floorboards? Someone I know had the same problem and found gaps in the adjoining wall but under the floorboards where you can't easy see a problem.

[andrea81]

There must be a gap somewhere, If I were you, I definatly would call someone in and have a look. I'm not sure if you feel comfortable speaking to your neighbour, but i'm guessing you don't.

It might be a case of filling in gaps in the wall, attic space or floor and as it's not in an obvuious place you could use that 'no gaps' stuff, but better ask an expert as I'm not a DIY Queen at all!

Other than that citizens advice might know of your rights to complain!

[marycontrary]

My Hubby still remembers his teenage days and parties and assures me it is not cannabis, but it does smell more like my late Grandpa's pipe tobacco than cigarettes. (I don't think he is visiting, though!)

The windows are always closed at night. I hadn't thought about the floorboards. That may be something to look at. There must be a gap somewhere. There isn't a smell anywhere else in the house. Maybe a weak point somewhere.

Neighbours are okay, but we don't see much of them - Hubby is going to try and say something to them tonight. We don't want to annoy them, but at the moment we are considering moving our son back into the bigger bedroom with his sister. He wakes up coughing!

[marycontrary]

Thanks for the advice, very much appreciated!! I do think it would be worth taking the carpet up.

I keep trying Citizens Advice, but it's either engaged or answer phone to say they are busy. The local office is open again Wednesday, I'll keep trying. Neighbours have a right to smoke, just think we have a right to not be exposed to it. Could be living next to them for the next fifty years!! Don't want to fall out with them!

[Lonnie]

All depending on how well you get on with you neighbours, there was a case in the papers, if I recall, where someone was banned from smoking in their own home, because it was seeping through the walls into next doors house.

I think you'd have a good case if you complained to the authorities.

Good luck.

[joko]

sorry but i think the onus here is on you to seal the holes in your house, not to try to prevent them from smoking in their own home!

I have a similar problem with revolting food smells coming from my neighbours - but it is coming through gaps in MY skirting boards - it is up to me to seal them up, not up to them to stop making smells.

much as i hate smoking, and I also suffer from asthma, i can't see how you can expect them to stop!

i would try to talk to them, explain nicely, and ask if they would mind sealing the holes on their side too - if they refuse, you could perhaps offer to pay or do the work for them... you may even qualify for some sort of grant from the council to have the work done

could he be sneakily smoking out of the window and the smoke is coming through a vent?

[daffy654]

The smell of the smoke alone can't be harming your son or affecting his asthma,he would have to be exposed to larger amounts of smoke than what can seep through a wall for that to happen. I would imagine his asthma is just worse at night like most sufferers. Do you have the option of moving your son to a different room in the house?

[WendyS]

I think you should have a polite word with your neighbours, explain that your son is asthmatic and that the cigarette smoke is somehow filtering through into your house and causing him real health problems.and you're concerned that one day he might be hospitalised as an emergency as a result. Ask if they know if there are any gaps in floorboards where the smoke could be filtering into your house. It has probably not even occurred to them that it might be causing a problem beyond their boundaries, and with the recent national smoking ban which has been introduced, they hopefully will take your approach seriously.

[Lonnie]

I think that maybe you should show this to your neighbour this.

http://www.ashscotland.org.uk/ash/files/SHSexp osureinthehomebriefing2.doc

[marycontrary]

That's a very interesting document! Thanks for sending the link!

I can't really move my son. We are a three bedroom house. I'd have to put him back with his sister, and really they are getting too old for that. It would make the room redundant. As for putting his sister in there, does that mean it's okay because she isn't asthmatic? The smell makes us all gag. I think we'll put him back in his sister's room for now, and try to talk to neighbours. It's a case of catching the husband in. We really don't seem to get on with the wife.

I don't expect them to stop, that would be a miracle, but unexpected. However, I don't want a row over it. I just feel we shouldn't have to put up with smoke when we have made a conscious decision not to be smokers We have a right not to be exposed, hence the reason the law came in for public places. A member of the family is a joiner, I'll see if he will have a look under the floorboards. Could help us find the problem area. Thanks for advice.

[whiskeysheri]

Hi, mary!

We had the exact same problem in my brother's room, years ago. He had a really bad cough and the room absolutely stank.

My dad was furious as it was making him ill, so he spent the day pulling up the floor boards and there was a cavity underneath that he filled with that expanding foam. He asked the guys next door if he could go round and do the same from that side. There hasn't been a problem since.

You should really notice that it's coming from down there when you raise the floorboards, though. Good luck.

[tracymort]

Might be worth asking ASH, after all you can't smoke in a public place and your home is public and you are not the ones smoking in it iykwim. There might be someway of using that law.

[daffy654]

You can't smoke in an ENCLOSED public space...There is absolutely no way the law can be used to stop someone smoking in their own home. This one will have to be solved diplomatically. Hopefully the neighbour will take steps to prevent the smoke seeping through to marycontrary's house,but I wouldn't put money on it.

[daffy654]

By the way...her house isn't public,its a private dwelling and the neighbour isn't smoking in her house,hes smoking in his own house.

[Jibergrt]

I would guess that if you live in an old terrace that the smell is leaking through the diving wall in the loft. We used to have an old semi and there was a wall there (in some there is no wall at all) it was thrown together more as a partitian than anything, an there were loads of gaps. Have you looked up in the loft - or smelt what it is like up there in the mornings?