Duncan Lewis Housing Director Discusses Nuisance and Disrepair in the Daily Mail (2 June 2025)

In a recent feature published by the Daily Mail, Duncan Lewis Solicitors’ Housing Director Manjinder Kaur Atwal addressed a reader’s question concerning smoke intrusion from a neighbouring flat and ongoing disrepair due to a leak.

The situation raised two common and troubling issues for leaseholders: nuisance caused by neighbours and responsibility for repairs in leasehold properties.

Manjinder explained that where leaks are involved, particularly from shared pipework, the freeholder or managing agent is usually responsible for repairs, especially if the pipework serves multiple flats. “If the leaking pipe is part of the communal plumbing system, the management company should investigate and arrange for repairs, which should be covered by the service charge,” she advised.

Manjinder urged leaseholders to review the terms of their lease and request a copy from the managing agent if they do not already have one. In cases where the lease is ambiguous or silent on certain aspects, broader property law principles may still offer protection.

If the landlord fails to act on repairs, Manjinder outlined several legal options, from submitting a formal written complaint to escalating the matter to the First-tier Tribunal or even pursuing a County Court claim to compel remedial works or seek compensation.

On the issue of second-hand smoke entering the flat, she confirmed this could constitute a nuisance and possibly a breach of the neighbour’s lease, particularly where it affects health and wellbeing.

Read the full article here: My neighbour smokes and the fumes come into to our flat: Can we stop him?

About Manjinder

Manjinder Kaur Atwal, Director of Housing, is recognised by the Chambers UK legal directory as a UK-wide notable practitioner, offering strength across a wide range of social housing matters, including interim relief and homelessness applications. She heads a Housing Team ranked Tier 1 across the South East by The Legal 500 for its "excellent knowledge of the law" and "extensive experience". The department is recognised as a market-leader in all areas of social housing and property litigation including disrepair, unlawful evictions, homelessness, possession disputes, and complex judicial review matters. 

For advice in relation to any housing matter contact Manjinder Kaur Atwal on 07342 081785 or email at Manjindera@duncanlewis.com

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is a multi-award-winning national law firm renowned for exceptional legal services and commitment to justice. With expertise in 25 areas of law, the firm is ranked in Chambers & Partners and Legal 500 as a top-tier law firm and has been named a Times Top 250 Law Firm. Headquartered in London, the firm is recognised for its excellence in people management, holding the Investors in People Gold Standard Accreditation, and embraces a paperless, hybrid-working model. The firm was crowned law firm of the year at the LexisNexis awards 2024 and again at the Modern Law awards the year before.