Second Hand Smoke In Your Apartment?

Robdude

Are there any laws regarding second-hand smoke within your living space? Particularly for people living in apartments?

When I go to work, Irish law says my work place is smoke free, for my health.
When I go to the pub, Irish law says the pub is smoke free, for my health.

But I go home and spend hours dealing with second hand smoke from my neighbours who seem to smoke non-stop. Are there any relevant laws that deal with this issue; either saying that their right to smoke trumps the health of those around them, or vice-versa?

MagicSean

How does your neighbours cigarette smoke get into your apartment?

Robdude

MagicSean wrote: »

How does your neighbours cigarette smoke get into your apartment?

I don't know.

I can say that the apartment is old and there are several places where wooden boards are attached to the sealing (for reasons I don't understand). There are also some vents in the wall that say 'DO NO COVER' - I'm not sure what they do or why they exist/if they play a role in the smell. Everything I can control (like the windows) are as closed as they can be (older windows don't close so well).

I do know what cigarette smoke smells like and I can say with 100% certainty there is cigarette smoke in my apartment. The large number of cigarette butts discarded on the front walk way each morning support this.

I'm relatively new to Ireland and was curious as to what/if there are any laws around this. My lease does not mention smoking one way or another (it's a very short lease and doesn't mention a lot of things, that I've since learned are still dictated by Irish law).

MagicSean

It sounds like you live in a gigantic fire hazard. You should move.

Corruptable

Not aware of any legislation that would cover this scernario to be honest.

You can intiate an action under the Tort of Nuisance if you feel that your "quiet enjoyment" of your property is being disrupted to a high degree. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or other hazards that extends beyond the boundaries of their property, the affected party may make a claim in nuisance.

It has to be unreasonable interference, of a high degree and even if successful you can only get damages and/or an injunction to prohibit the offending conduct. However, it has to be substantive, it can't be just because your hypersensitive.

Maybe other's here with a more diverse experience in law may suggest other remedies. Otherwise, see a solicitor if you feel really strongly about it.

dats_right

Robdude wrote: »

Are there any laws regarding second-hand smoke within your living space?

No

Xiangjiao

Robdude wrote: »

I don't know.

I can say that the apartment is old and there are several places where wooden boards are attached to the sealing (for reasons I don't understand). There are also some vents in the wall that say 'DO NO COVER' - I'm not sure what they do or why they exist/if they play a role in the smell. Everything I can control (like the windows) are as closed as they can be (older windows don't close so well).

I do know what cigarette smoke smells like and I can say with 100% certainty there is cigarette smoke in my apartment. The large number of cigarette butts discarded on the front walk way each morning support this.

I'm relatively new to Ireland and was curious as to what/if there are any laws around this. My lease does not mention smoking one way or another (it's a very short lease and doesn't mention a lot of things, that I've since learned are still dictated by Irish law).

Do both properties have the same landlord, by any chance?

When you say neighbours, where? Is it a house, apartment block, duplex etc etc etc?

Pin_Cushion

If anything your dispute is with your landlord regarding ventilation rather than your neighbours smoking in their own premises.

Zambia

You should move

FreudianSlippers

Pin_Cushion wrote: »

If anything your dispute is with your landlord regarding ventilation rather than your neighbours smoking in their own premises.

Agreed, the smoking issue is irrelevant between you and your neighbours - in fact they could even argue their constitutional right to smoke in their apartment perhaps.
Escape would be your issue really.

Victor

It is quite possible that an offence has been committed.

What is the nature of the area where the people are smoking?

dats_right

Victor wrote: »

It is quite possible that an offence has been committed.

How? There is no suggestion that the properties concerned are anything other than residential in nature. The OP refers to living in an apartment and his neighbours smoking 'non-stop'.

ianob7

This thread is 5 years old . Why post ?

nuac

Mod
Thread deleted. Old issue