The downstairs neighbour of one of my tenants is demanding that I make my flat a non-smoking only property. That would be fine by me as I'm a non-smoker myself and my current tenant is also a non-smoker, however his new girlfriend is a smoker. My tenant has agreed there is to be no smoking allowed in the flat and I know that the girlfriend goes outside to smoke - the upstairs neighbours confirm this is the case, but I have now had my fourth letter from the downstairs neighbour again demanding that I make the flat non-smoking and saying that there is the continual presence of the smell of cigarettes in their flat because of my tenant's girlfriend smoking in the flat and that this is aggravating an existing medical condition. My tenant swears there is no smoking happening in the flat and thinks that the downstairs neighbour is simply making big fuss because she sees his girlfriend smoking outside and is very anti-smoking. My tenant loves the flat, is very settled and is a great tenant. I don't want to lose him because of harassment by a picky neighbour.
What recourse is the neighbour likely to have if I refuse to put a clause in my lease demanding that no smoking takes place in or around the property? Would the OFT rule that this would be an unfair condition.
Thanks for your help.
What recourse is the neighbour likely to have if I refuse to put a clause in my lease demanding that no smoking takes place in or around the property? Would the OFT rule that this would be an unfair condition.
Thanks for your help.