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Majority shareholder of Freehold rights - smoking issue

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  • Majority shareholder of Freehold rights - smoking issue

    Hi all, I own a Victorian massionette and underneath is a rented basement flat. I own two thirds of the freehold the landlord of the basement a third. The tenants in the basement smoke and they stink my house out on a daily basis. I have raised the issue with them, the letting agents who manage the flat and also the landlord. The landlord has said it should be no smoking but nothing has been done by anyone to sort the issue. The letting agent have told me they have no rights to change the tenancy agreement. This has been going on for 3 years now and my 2 year son is now in hospital with respiratory issues. I am not happy. What are my rights? Obviously this issue not only affects health but also damage to property decrease value, housing insurance is more expensive too. I want to sorted right now. I am willing to take legal action if I have a case.

    Any advice would be greatly appreciated.

  • #2
    Re: Majority shareholder of Freehold rights - smoking issue

    If the agreement says no smoking is allowed, then the agency needs to enforce this.

    I would double check on that detail, and if true, consider sending a solicitor's letter warning that if they do not enforce their own contract, then you will apply for compensation from the agency.

    Simply my initial thought.


    • #3
      In my opinion, giving up smoking is the best decision you can make now. You can do it via vaping and you shouldn't be afraid of it. It is much safer and you can buy vape kits for newbies to check it. They are not expensive and they are perfect for beginners.