Just...................whatever [5]

Wheres Halfy got to? I hope he hasnt fallen into a washing machine and emerged as a giant puffball of hair!

Pettytyrant101 wrote:Do Fjordian lawyers get to wear silly wigs like a proper lawyer?

Nope, but we do get to wear capes.

Halfy had computer woes Petty. I think its sorted now though.

talking of woes I have a question for our resident legal eagle Blue. I am living in shared accommodation here in the UK while I am at Uni. not all the time just a month here a month at home. its a no smoking house, notices up and the landlord has told us its no smoking, but theres one guy who thinks he doesn't have to follow the rules and smokes like a chimney every night. The house stinks and its affecting everyones health because the stink spreads through the house and theres a pall of smoke in the hall. It gets into our rooms too. The question is, can you take out a legal or civil action out against someone damaging your health?
as its pretty clear passive smoking DOES damage your health. It seems like drastic action but this guy is seriously taking the piss and the landlord doesn't seem to want to get involved. Its totally selfish and I am not having it.
I don't care what he does to himself that's his choice and I don't give a monkeys, and he is totally free to smoke his head off if he wishes to, but I do care about the negative effects for myself and others. cheers

It sounds like I am a rabid anti-smoker, I think people have free choice, but not at the expense of other peoples health.

Just wander by his room when smoking and accidentally spill a spoonful of ammonia at his door. Competing annoyances.

good idea, but theres a tiny little doggy in the house and he would suffer more than us being at nose height to the floor. but in theory I like that idea.

Animals can get cancer from 2nd hand smoke also, sadly ! Surely this selfish so & so can be fined ?

Burnt cabbage water ! pour that outside his door, burnt cabbage stinks !

burnt cabbage. he he! might just give that a whirl. keep the suggestions coming, I might try a new one every night. Its a pity I cant get some of Pettys barrel to burn, that would constitute toxic waste.

Just drop petards outside his door.  Dogs are totally cool with that.

Hm. I don't know much about the legaleeze or the english rules or so on, but I would say you would probably have little to gain by going after him legally specificly. As for most sorts of compensatiion you would have to establish an economic loss. And you would be hard pressed to do that at the moment. What you should do is to go to your landlord, and alert them to this breach of the rules and the problems it is causing the rest of you. If the landlord does nothing, then perhaps you could argue you should pay less rent, as you're paying for a non-smoking flat, and getting the opposite. The claim beeing your paying more for something they are not supplying. Maybe you could claim a breach of contract on their part, maybe be due some compensation in the long run. I'm not sure.

Or you could try to talk to him, again explaining the problems this is causing the rest of you and suggest a simpler solution, like him opening a window when he smokes or something. Not to go into any sort of conflict mind, just to make a friendly suggestion. Because this persons breach of the rules is an annoyance for you, but it's really a problem between him and the landlord. And not your responsibility. As a rule breach might lead to eviction, perhaps that is the nicer thing to do.

If nothing helps and you are in a student flat thing, perhaps you could ask to be moved?

Idk, just some idea.

Talk to him, talk to the landlord, complain to the landlord if nothing's done, and in the end if nothing helps perhaps seek alternative accomodation.

That is not knowing anything about your landlord, your contract or the relevant english laws/rules though..

Its a pity I cant get some of Pettys barrel to burn, that would constitute toxic waste........Mrs Figg

ask him to send down a piece of old, used kilt, that should do it ( & leave the dead flies on, looks better )

azriel wrote:Its a pity I cant get some of Pettys barrel to burn, that would constitute toxic waste........Mrs Figg

ask him to send down a piece of old, used  kilt, that should do it ( & leave the dead flies on, looks better )

nice one

Bluebottle wrote:Hm. I don't know much about the legaleeze or the english rules or so on, but I would say you would probably have little to gain by going after him legally specificly. As for most sorts of compensatiion you would have to establish an economic loss. And you would be hard pressed to do that at the moment. What you should do is to go to your landlord, and alert them to this breach of the rules and the problems it is causing the rest of you. If the landlord does nothing, then perhaps you could argue you should pay less rent, as you're paying for a non-smoking flat, and getting the opposite. The claim beeing your paying more for something they are not supplying. Maybe you could claim a breach of contract on their part, maybe be due some compensation in the long run. I'm not sure.

Or you could try to talk to him, again explaining the problems this is causing the rest of you and suggest a simpler solution, like him opening a window when he smokes or something. Not to go into any sort of conflict mind, just to make a friendly suggestion. Because this persons breach of the rules is an annoyance for you, but it's really a problem between him and the landlord. And not your responsibility. As a rule breach might lead to eviction, perhaps that is the nicer thing to do.

If nothing helps and you are in a student flat thing, perhaps you could ask to be moved?

Idk, just some idea.

Talk to him, talk to the landlord, complain to the landlord if nothing's done, and in the end if nothing helps perhaps seek alternative accomodation.

That is not knowing anything about your landlord, your contract or the relevant english laws/rules though..

thanks Blue. its gone past being nice, he knows, but he just doesn't care. I am trying with the landlord as it is his responsibility but he isn't about much.

When you said I would have to prove economic loss, why would it be economic? its damage to health not damage to property, there must be cases where people have been able to prove passive smoking is bad for the health even if its potential damage in the future? but anyway I may ask the Uni for help, thanks anyway.

There is acess to compensation without an ecenomic loss after norwegian law, for loss of life enjoyment and so on called mènerstatning, but it's very limited. I know it's much more widespread under american law for instance.

Normally copensation requiers an economic loss, adequate casuality and grounds for responsibility.

The thing is there are two cases here. The one between him and the landlord, in which he is clearly breaching the landlords rules. And the one between you and him. And I think it a streach to prove any form of responsibility there. He's breaching no laws, smoking hardly fills up the requierment for a culpa responsibility, but the breaching of the rule, perhaps that could push a bit in that direction. Could he have some responsibility on an objective basis.. Perhaps you could at least theorize in that direction, if you see passsive smoking as a risk factor to others, but it be a streach I think. And that's not even gettng started on the economic loss. The casuality though, I think is pretty clear.

Going through the landlord seems the path of least resistance to me.

I must have been tired this morning.

Mrs Figg wrote:burnt cabbage. he he! might just give that a whirl. keep the suggestions coming, I might try a new one every night. Its a pity I cant get some of Pettys barrel to burn, that would constitute toxic waste.

I'm going to suggest against the stinky arms race, or the others will quickly decide BOTH of you need to go.

If it were me, the first thing I'd do is talk to the others and see how many feel the same way.
If you find there's a consensus that he's out of line, even if nobody wants to get involved, there'll be a lot more "options" open to you.

yep I wouldnt actually go down the stinky road.  

I don't want compensation either. I just want him to stop. have to see if the landlord can sort this out I guess.

just started doing a lot of walking maybe 4 miles a day but after 10 days I feel worse than before, really tired and have jelly legs, is this normal? and should I just sit on my bum and watch Beautiful on telly? I thought walking was supposed to make you feel energized not like a wobbly heap of knackeredness. admittedly I had a pretty sedentary lifestyle before having back problems but still. fook!

I think that's normal when you start doing any activety. But it changes as your body gets used to it, and, it's odd, I know, excersize does actually give you energy. I like to listen to stuff when I walk, like audiobooksand stuff. That helps in making it worthwhile. Actually, if you want to get trough the Game of Thrones series, that can be a good way to go about it. Listening to it while you walk and do other stuff. That's what I did anyway.

I firmly believe in walking as one of the healthiest things you can do, especially for the back muscles. But yes, it's normal for it not to feel good at first when you're suddenly changing your habits. It's just you're body's way of saying, "Hey! What the f*** are you doing?"

If I could make a suggestion, try varying the lengths of the walks so there are easy days and harder days. Maybe plan to take one really long walk to someplace interesting once a week, and then take the next day completely off. The body seems to thrive on variety.

Audiobooks are great if you don't have a dishwasher - when we didn't have one, I could stand there washing and cleaning the same plates and glasses and mugs over and over again if I was listening to a good audiobook

Mrs Figg wrote:just started doing a lot of walking maybe 4 miles a day but after 10 days I feel worse than before, really tired and have jelly legs, is this normal? and should I just sit on my bum and watch Beautiful on telly? I thought walking was supposed to make you feel energized not like a wobbly heap of knackeredness. admittedly I had a pretty sedentary lifestyle before having back problems but still. fook!

Sound advice from David and blue here, and variety is probably the most important thing. And make sure you've got a pair of shoes that's comfortable. I'm not quite sure I understand what sort of condition 'jelly legs' is, but if your legs are painful I'd rest them for a few days, then see if you can buy or borrow a pair of shoes which fits the sort of terrain you prefer walking in.

well from what you guys say its normal so that's a relief, I was going to give up walking a lot, and I do enjoy it so I will continue. I tend to talk to myself or go off into fantasy land so I don't need an audio book because I am a human audio book, although its better to avoid other people or I get funny looks. and jelly legs is when they feel weak and like you cant stand up because theres no strength in them. I used to get jelly legs when my sugar levels are low.

Figgy - perfectly normal.

Agree with David on tactics. When you train for long walks/runs eyc you would normally do 1 big one every week and then 2 short ones giving muscles time to rebuild but not make them think it was a 1 off. Distance would increase every week on both longer walk and short ones.

Re jelly legs, the first couple of times you start exercise of any type you should expect that plus some soreness (normally 2 days after is the worst due to delayed onset muscle soreness). That should go after a week or two assuming you dont change the type of walk which may use different muscles.

It is good for you.. get through the barrier and you will start feeling better in a few weeks.

Well the good news is no soreness even though I was walking up steep hills. now I know its normal to feel tired I will defo keep up with it. Although I stayed in bed all today I was so bushed.