Forgive me for being a little crass, but do your neighbours stink? And I mean, really stink?

If you’re nodding your head, do you know what legal rights you have if bad smells are coming from your neighbour’s property, do you know what legal rights you have?

There are many home and garden features that cause neighbour disputes. From overhanging gutters to fallen fences, there are plenty of physical things that can cause friction between neighbours. But what if the issue is a little more sensitive?

Bad smells are never pleasant, and if they’re coming from your neighbour's home, it can feel inescapable, too. So, I spoke to legal experts about when smells become a nuisance, and what you can do if said bad smells are affecting your day-to-day life.

Can you complain about bad smells coming from your neighbour's property?

I’ll admit I’m unfortunately speaking from experience. Having lived in a flat where one of my neighbours was particularly stinky, I was never sure if I could complain or not. Despite the fact that I was practically holding my breath every time I walked past their door, it felt rude to say anything - and I wasn’t sure if it was the sort of thing that warranted a complaint anyway.

However, it turns out you can complain to your landlord or even council about bad smells. But there are a few considerations to take into account.

(Image credit: Future PLC/ David Giles)

‘The specific ‘smell’ category of statutory nuisance under the Environmental Protection Act 1990 applies only to industrial, trade or business premises, not private homes. The council can still act under other categories that do apply to homes: fumes or gases emitted from a private dwelling; premises in a state prejudicial to health or a nuisance; accumulations or deposits that are prejudicial to health or a nuisance; and animals kept in a place or manner that is prejudicial to health or a nuisance,’ explains Yulia Barnes, managing partner of Barnes Law.

‘If your neighbour is a tenant, complaining to their landlord can be very effective. Most tenancy agreements contain nuisance clauses, giving the landlord leverage to require the problem to be addressed. Social housing landlords also have their own anti-social behaviour procedures. Where a rented home has serious damp, mould or sanitation problems, the council can also inspect it and take enforcement action against the landlord under the Housing Act 2004. When you complain, explain what steps you have already taken, such as speaking to your neighbour, and share your smell diary.

‘If the council decides not to act, you can bring a statutory nuisance complaint directly to the magistrates' court yourself, or make a civil claim in private nuisance for an injunction or damages. Take legal advice before starting either route.’

What smells can you complain about?

There’s no list of the sort of stink you can complain about, but there are some scents that are worthy of complaint. You should also be keeping a diary if you notice poor smells, recording what they smelt like and when you smelt them.

‘The council can potentially take action if the smell is considered a statutory nuisance. This may apply to persistent or serious odours caused by things such as waste, animals, smoke, or poor conditions. The council can investigate the complaint and, if necessary, require the person responsible to take steps to reduce or stop the smell,’ says Jack Malnick, founder of Sell House Fast.

(Image credit: Future PLC/ Simon Whitmore)

It has to be considered a statutory nuisance for the council to uphold your complaint. But renters can complain to their landlord about other smells.

‘If you own or rent your home, you may be able to bring your own civil claim for private nuisance. The test is whether the smell substantially and unreasonably interferes with your use or enjoyment of your home, considering the character of the area and the frequency and intensity of the smell. A fleeting whiff is unlikely to qualify; a persistent, overpowering odour that stops you opening windows or enjoying your garden may well do so,’ says Yulia.

‘Cooking smells will rarely meet either threshold unless extreme and persistent. One exception is where a home is used to run a food business, such as an unregistered commercial kitchen. The property may then count as business premises, bringing the smell within the council's statutory nuisance powers.’

How to speak your neighbour about bad smells

Of course, the last thing you want to do is fall out with your neighbour, and before you lodge a complaint, the right course of action is to have an open conversation about the smells. I know this can be awkward, so I asked our experts exactly how we should go about this conversation.

‘As with all neighbour problems, the best way to resolve them is to start by speaking to your neighbour in person, politely and calmly. The owner may not be aware of any issue due to what people often call ‘nose blindness’, or they could be working their way to sorting it, so it is best to approach the conversation politely,’ says Jack.

(Image credit: Future PLC/ Oliver Gordon)

Julia also says it’s worth trying to work out what the bad smells are, such as bad drains, before speaking to your neighbour.

If the smell seems to come from drains, bear in mind that shared sewers are usually the responsibility of your local water company, which you can contact directly,’ she says.

‘If talking does not help, contact your council's environmental health team. Under the Environmental Protection Act 1990, councils must take reasonably practicable steps to investigate statutory nuisance complaints from people living in their area. Also check your lease or title deeds for nuisance clauses or covenants. If you share a landlord with your neighbour, you will usually need to ask the landlord or management company to enforce these terms, and some leases require you to cover the costs.

‘Freehold covenants can sometimes be enforced between neighbours, but only where you have the benefit of the covenant, so take advice. If the smell affects your health, see your GP and keep a record of symptoms.’

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If you're struggling with bad smells coming from your neighbour's house, the first thing to do is start keeping a smell diary. Record the dates, times and descriptions of the bad odours.

Bad smells are both awkward to talk about and unpleasant to encounter. But if you stay calm and speak to your neighbours, it should be easy to resolve.