A neighbour's cigarette smoke drifting into your garden or home can quickly turn into a source of tension, with one in four Brits admitting they find it annoying.
For homeowners and renters dealing with persistent smoke, putting up with it is increasingly difficult, especially in warm summer weather.
Some have taken to parenting forum Mumsnet to complain, with one poster saying: "We live in a square and one of the neighbours has an ashtray on the porch, it's at the front of the house. The guy stands in the porch and smokes and leaves all the stubs in this ash tray."
They added, in their post: "Is it reasonable to say anything or ask them to do it round the back where their garden is fenced?"
Another highlighted other garden issues too: "It really baffles me that neighbours who live with only a fence between gardens stand in their garden swearing, threatening their kids and smoking weed without a single thought of how embarrassing that behaviour is and how disgusting it is for the neighbours to have to put up with.
"I just don't see how anyone can not be aware of how loud and inappropriate they are and not feel shame about it. Absolutely baffled."
Legal expert Markus Lindblad from Haypp has outlined the steps people can take if a neighbour's smoking is affecting their enjoyment of their home, including when it may be appropriate to involve the local council.
Can you complain about a neighbour smoking?
If cigarette smoke from a neighbouring property is regularly affecting your home, you may be able to make a complaint to your local council.
Haypp says excessive smoke can potentially be investigated as a “statutory nuisance” under environmental legislation.
If the council investigates and determines that a statutory nuisance is occurring, it can issue an abatement notice requiring the nuisance to stop.
Failure to comply with an abatement notice can lead to further enforcement action, including potential fines.
However, not every instance of cigarette smoke will automatically qualify as a statutory nuisance, so keeping evidence of an ongoing problem can be important.
Keep a record of the smoking
Before escalating a dispute, residents are advised to keep a detailed log of what is happening.
This should include the date and time of each incident, how long the smoke lasts, how severe it is and how it affects your enjoyment of your property.
You should also record any other relevant details, such as whether smoke is entering your home through windows or doors.
Haypp says people should document the direct impact the smoke is having, particularly where there are existing health concerns such as asthma.
A detailed record can then be used if you decide to approach your local council or another organisation about the problem.
Can your neighbour's landlord get involved?
If the person causing the problem is renting their property, it may also be possible to contact their landlord or managing agent.
This could apply to both social and private rented accommodation.
Tenancy agreements may contain a “nuisance clause”, potentially allowing landlords or managing agents to take action where a tenant's behaviour is causing problems for other residents.
For people living in flats, there may be another route.
If the neighbour is a leaseholder, residents could contact the freeholder about the issue, particularly where smoking or nuisance behaviour breaches relevant building rules.
Try speaking to your neighbour first
Although official routes are available, residents may want to consider raising the issue directly with their neighbour before escalating the dispute, provided they feel safe and comfortable doing so.
A neighbour may not realise how far cigarette smoke is travelling or that it is entering another property.
Explaining the problem calmly and asking whether they could smoke in a different part of their garden may resolve the issue without involving the council or landlords.
If the problem continues, keeping a record of incidents can help establish whether the issue is persistent rather than an isolated occurrence.
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When should you contact the council?
For people experiencing persistent and excessive smoke, contacting the local council may be appropriate. But, be aware, any disputes may have to be declared if you later sell your home.
The council can assess complaints about potential statutory nuisances and determine whether enforcement action is justified.
Residents should be prepared to provide details of the problem, including when it happens and how it affects their use of their home.
The survey suggests this is an issue affecting a significant number of households, with one in four Brits saying they find neighbours smoking in the garden annoying.
For those caught up in a dispute, the key is to gather evidence and consider the appropriate route rather than allowing the situation to escalate into a long-running neighbour feud.
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