Second-hand smoke in a rented property: your rights

Cigarette smoke from a neighbour passing through walls, ceilings, floors, or shared ventilation can be a significant health concern and a source of serious distress. Here is what rights you have and what steps you can take if you are affected by smoke from another property.

Is second-hand smoke from a neighbour a housing problem?

It can be. If smoke is entering your home because of a structural defect, gaps in floors, poorly sealed areas, defective shared ventilation, or other building deficiencies, this may be something your landlord can and should address.

However, if there is no structural defect and smoke is passing through because of the proximity of homes (particularly in purpose-built flats or converted buildings), the position is more complex.

What can my landlord do?

Your landlord has a duty to keep the property in repair and to ensure it does not pose an unacceptable risk to health. If smoke is entering your home through:

• Gaps, cracks, or poorly sealed areas in the floor, walls, or ceiling
• Defective shared ventilation
• Holes around pipes or cables that pass between flats

...then these may be structural defects that the landlord is responsible for repairing. Sealing these gaps can reduce the passage of smoke.

Ask your landlord in writing to inspect the property and address any structural deficiencies that are allowing smoke to enter.

What if the smoke is from a neighbouring property managed by the same landlord?

If both you and your neighbour are tenants of the same landlord, the landlord may have more options, including speaking with the neighbour about smoking in communal or shared areas, or where the smoke is causing a nuisance. Smoking in shared areas of a building is prohibited under the Health Act 2006.

Your landlord cannot force a private tenant to stop smoking inside their own home, but they can address structural routes through which the smoke travels.

What about the council and statutory nuisance?

Smoke from a neighbour can amount to a statutory nuisance under the Environmental Protection Act 1990 if it unreasonably interferes with the use and enjoyment of your home or poses a risk to health. You can report this to the council's environmental health team. They will investigate and, if they find a statutory nuisance, can require the person responsible to stop.

The test for statutory nuisance is not just whether you find the smoke unpleasant, it needs to meet the legal threshold. Environmental health will assess whether it does.

What if I rent from a housing association or council?

Social landlords have more power to act, including through tenancy conditions. Smoking in flats that causes a nuisance to neighbours may breach the neighbour's tenancy conditions, and the social landlord can take action under those conditions. Contact the housing officer or estate manager.

What about my health?

If second-hand smoke is causing or aggravating a health condition, see your doctor and ask them to note the connection between the smoke exposure and your health. This may be relevant if you pursue a formal complaint or legal claim.

Can I withhold rent?

No. Withholding rent because of smoke from a neighbour is unlikely to be legally justified and could result in eviction proceedings. Pursue the matter through the proper channels instead.

When should I contact Support for Tenants?

We handle housing disrepair claims. If the smoke is entering your home because of structural defects your landlord has failed to repair, we may be able to help.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Environmental Protection Act 1990 (statutory nuisance) (legislation.gov.uk)
• Health Act 2006 (smoke-free provisions) (legislation.gov.uk)