Introduction
Anti-social behaviour (ASB) can come in many forms: noise nuisance, intimidation, animal-related nuisance. However, one form that is often overlooked is persistent and intrusive smells. Obnoxious odours can have a serious impact on a person’s health and well-being. Like other forms of ASB, obnoxious smells can also disrupt sleep, increase anxiety and create a feeling of being trapped in your own home.
In many cases, these smells stem from fumes, such as cannabis smoke or domestic burning, which can pose additional health risks, including triggering asthma and other respiratory conditions. It is important to understand that unreasonable and ongoing odours can amount to anti-social behaviour. So, this blog will provide some insight and advice regarding obnoxious odours and what you can do about it.
When does smell become anti-social behaviour?
Going back to basics, the definition for anti-social behaviour as seen in the ASB, Crime and Policing Act 2014 is:
“Behaviour by a person which causes, or is likely to cause, harassment, alarm or distress to persons not of the same household as the person.”
So, when considering obnoxious smells, we need to consider the following:
- Frequency – Is the smell occurring regularly?
- Duration – How long have you been experiencing this smell?
- Intensity – Is the smell entering your home? Is it overpowering?
- Impact – Consider impacts on your health, sleep, family.
It’s important to note that there is a distinction between general living smells and smells that amount to anti-social behaviour.
General living smells may include:
- Cooking smells
- Occasional cigarette smoke
- Cleaning product or DIY fumes
These smells are often short-lived, incidental and infrequent.
Whereas invasive smells can include things like:
- Cannabis smoke
- Animal waste odours
- Frequent burning of materials
These smells are often persistent, prolonged and intense.
Cannabis fumes – why this can be complex
Cannabis fumes and enforcing these smells can be a complex topic in policing due to the fact that although recreational use of cannabis is illegal, some individuals have legally prescribed medicinal cannabis.
However – it’s important to know that smoking cannabis is illegal, even where an individual has a prescription. Cannabis can be prescribed to vape but would not be prescribed to smoke.
In practice, it can be difficult for practitioners to prove that someone has been smoking their prescribed cannabis as opposed to vaping it. This may require careful gathering of information, and in some cases, specialist input. Practitioners should communicate with you to explain what evidence may be needed and how they intend to address the situation.
If you’re struggling with anti-social behaviour, find advice on different types of ASB on our Victim’s Hub.
What does the legislation say?
ASB, Crime and Policing Act 2014
As we mentioned above, the Anti-social behaviour, Crime and Policing Act 2014 provides a definition of ASB to work by. This legislation details tools and powers that professionals can use to address ASB such as obnoxious smells, for example:
- Community Protection Warning (CPW) – This tool can be used to formally warn an individual that their behaviour is causing harm and sets out what needs to change. This tool gives the individual an opportunity to alter their behaviour before stronger enforcement action is taken.
- Community Protection Notice (CPN) – This tool follows the breach of a CPW – it is a legal notice which sets out the behaviour that needs to change. If the behaviour continues, this is a criminal offence and can result in a fixed penalty notice, prosecution and/or further enforcement action.
- Civil Injunction – This is also a legal tool and sets out the prohibited behaviour (e.g. smoking cannabis inside the property), imposes ‘positive requirements’ (e.g. engaging with support services) and includes the power of arrest in certain circumstances.
Environmental Protection Act 1990
Under the Environmental Protection Act 1990, obnoxious smells can come under ‘statutory nuisance’.
Under part 3 of the Act, local authorities have a legal duty to investigate complaints about issues that may amount to statutory nuisance e.g. smoke, fumes or gases. A smell may be considered a statutory nuisance if it:
- Unreasonably and substantially interferes with the use or enjoyment of a home, or
- Is prejudicial to health (i.e. likely to cause or contribute to illness)
Ultimately, Environmental Health Officers will consider different factors relating to the smell such as frequency, duration and intensity.
If the smell does amount to statutory nuisance, the individual should be served an Abatement Notice. This notice requires the person to stop or limit the activity and take steps to prevent the fumes from escaping. Failure to comply is a criminal offence and can lead to prosecution and fines.
Tenancy agreements
If you, or the individual responsible for the smell is a housing association or council tenant, tenancy conditions usually prohibit behaviour which causes nuisance or annoyance to other households. Therefore, landlords can take tenancy enforcement actions to address obnoxious smells produced by a tenant.
What can you do to address obnoxious smells?
In order to ensure local agencies are aware of the issue and to address the situation, you can consider the following:
When recording an incident of obnoxious smell, you should make a note of the date, time, duration, impact (mental and/or physical), any photos if appropriate (e.g. smoke entering window).
Feel free to use our diary sheet template for reference.
Obnoxious smells are usually addressed by your local Environmental Health Team. However, you should also report any obnoxious smells to your housing provider. If you believe the smell is a result of illegal drug use (including Class B use e.g. cannabis), you should also report this to police (non-emergency unless there is an immediate risk).
If you have repeatedly reported an obnoxious smell but feel no effective action has taken place, you may meet the threshold for an ASB Case Review.
An ASB Case Review is a useful multi-agency approach to an unresolved ASB case. You can find out more about how to access an ASB Case Review here.
Understandably, if you are experiencing regular obnoxious smells/fumes, you may worry about the impact this could have on your health. We recommend you speak to your GP if you are concerned about your health.
Likewise, if your mental health is being impacted, you should seek advice from your GP and local support services.
Other coping strategies such as ventilation and air purifiers (including carbon filters) may provide some mitigation until a full solution can be reached.
Conclusion
At the end of the day, you deserve to enjoy your own home. So, if you do find that you are being impacted by obnoxious smells, make sure to report this sooner rather than later to build a stronger case and ensure local agencies are aware of, and can address the issue.
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