8:10 AM, 21st May 2013, About 10 years ago 3
I am aware of a potential dispute regarding smoke drift between flats.
The block in question comprises 24 flats in three blocks.
One of the leaseholders on the first floor has recently taken up smoking. The resident on the second floor immediately above has lodged a formal complaint with the managing agents citing intolerable levels of smoke drift.
There are no obvious defects with the building or wants of repair.
The lease does not prohibit smoking within the flats and environmental health do not consider this unreasonable behaviour. Notwithstanding this, the leaseholder who is complaining is looking to the landlord/managing agent to undertake building modifications to prevent the ingress of smoke into their flat. These would probably involve sealing all possible points of entry e.g. cavity wall vents, pipe or service entries etc.
Has anyone encountered anything similar and does anyone consider the Landlord obliged to carry out such modifications and recover cost through general service charge? This could also of course establish a precedent for other flats within the block.
Your thoughts will be appreciated.