Neighbouring landlord's smoking ban

[Chrysaor]

Hi. I own a flat in a purpose-built block. Some years ago the flat owners purchased the freehold. The management company is composed of 'directors' who were elected or appointed before I moved in. They are drawn from the ranks of the flat owners.The neighbouring flat, whose balcony adjoins mine, is owned by a relative of one of the directors and is let out. Eight years ago the owner of this flat decided to ban smoking in this flat by tenants but continued to let the flat to a series of smokers. They either smoke on the balcony which adjoins mine, talking loudly at all hours of the day and night and banging the balcony door, or open a window and smoke/shout out (again this could happen any time of the day or night). Even if I reason with one set of tenants and there is a moderate improvement, soon they leave and the whole thing starts all over again. The Chairman of our management company states that dealing with this problem is 'awkward' as it is a director's relative who owns the flat and has imposed the ban. The council noise abatement department are not interested as it is not always electronic noise but more likely loud voices and windows banging and I am told that there is no legislation to protect me from the effects of the smoking. I have tried every angle and source of help I can think of, short of engaging a solicitor (the flat owner's son is a solicitor) but where on earth do I go next?

'Sleepless'

[bednobs]

ohh well do that then!

[Chrysaor]

Bit of a no-win situation: we came out on the balcony a couple of years ago in the middle of the night to ask a previous set of tenants who were smoking and roaring to keep quiet and they said 'stop spying on us'. Can you just see how recording would look or the spin that would be put on that?

[ladybirder]

I'm running out of ideas here. You really have to deal with the owner of the flat because ultimately they are responsible. A word from them to their tenants should sort it. You could try giving the government's Leasehold Tribunal Service a ring for advice. http://www.rpts.gov.uk/index.htm
Or close bedroom window and wear Boot's Muffler earplugs and if that fails - move.

[Chrysaor]

Not surprised if anyone is running out of ideas, because people can see that I have tried most of the logical/legal/polite angles and they haven't worked. I once also rang the landlady at 2.30 am and told her to keep her tenants quiet and that's when she set her solicitor son on the warpath. Bottom line is that it's fine for me to be woken in the middle of the night, but not for his mother. Less conventional Ideas which have also occurred to me include setting off a handheld alarm when the voices start because once or twice I've thought it was a break-in when I've been woken up. This would wake a lot of other people in the block and begin to inconvenience them also, which might be the way to go. I believe there's a hidden agenda which is likely to be that the the management co. are all about protecting their own. Interestingly, they have got quite worried when I have mentioned the word 'discrimination', which I have resorted to only recently...

[bednobs]

? are you suggesting that if anyone but you lived there this wouldn't happen?
Anyway, is there any chance of you becoming a director? When i lived in a flat, i got myself on the board of directors because i didn't like the way they were doing things i didnt particularly want to be a director but it was a means to an end, and i got a new management company installed and insigated regular residents meetings. Have you tried writing to the directors? asking for a residents meeting?

[Chrysaor]

Not quite suggesting that if anyone else lived there it wouldn't be let go on, more being aware of the fact that no-one else is the block that I know of has had to put up with eight years of noise, consequently something is going on. How one gets to be a director, I don't know, but it seems to be a little 'golden circle'. I think the worry when I say 'discrimination' might be based on my (minority) ethnic background.

[bednobs]

do you really think you are being discriminated against? As far as ii can see from what you have said, the problem would occur whoever lived there - if someone else moved in, what could they do differently to you?
I know you are frustrated (to say the least!) but imho it's really underhand to claim discrimination, and dosen't advance the cause of people in ethnic minorities who are REALLY being discriminated against

[Chrysaor]

Not the only reason I am saying it, however that is too much detail. The main discrimination is director/non-director, which is what I intended when I said that to the Management company, but I feel they may have construed it the other way. They seem a bit rattled. However, most of the residents in the building are not directors and yet I am the only person who's had 8 years of noise without a resolution of the problem, so sometimes, yes, I do wonder what is going on ... I have seen very tough letters sent to other residents about carpeting, etc, which is somewhat in contrast to the attitude on the smoking/noise problem.