Monday, April 07 2008
The Daily Mail online (UK)
A couple are suing their village pub for £50,000 because they claim the smoking ban has made their home unsaleable.
An unused yard on Neil and Rachel Mutter's doorstep was converted into a smoking area when the ban came into force in July last year.
Since then, they say, their lives have been a nightmare. They claim their flat is besieged by noisy drinkers occupying the space from morning until night - and they have found it impossible to sell up and move.
The couple bought their home, the Old Lodge in Silverton, Devon, in 2004 after it had been converted from a skittle alley that used to form part of the Silverton Inn.
The only access to the flat is through the yard - which used to lie empty except for the occasional barbecue.
Now the Mutters say they have to put up with clouds of smoke engulfing their home, loud talking and music into the early hours.
They also say bottles, barrels and rubbish are stored in the space.
They are suing the owners of the Silverton Inn.
In a statement read to Exeter County Court, Mrs Mutter said: "On July 1, 2007, the new smoking law came into force. Immediately and without warning, the situation changed. We found the area occupied by five to 15 customers smoking each day throughout the opening times and occasionally past midnight.
"We had to negotiate our way through a crowd of people and around furniture with a cloud of cigarette smoke to come and go from the Old Lodge.
"We often could not hear our television above the outside noise without turning it up."
The Mutters bought their home for £170,500, but have been trying to sell it for £185,000 since November after being advised that is what it is now worth.
Mrs Mutter added: "Estate agents could not raise any interest with viewings having to make their way through the furniture, smokers and rubbish amidst constant noise and loud music."
But the Silverton Inn's landlord, Shane Radmore, is contesting the claim and says the area is owned by the pub and licensed for its use.
He denies the yard is untidy and said he has invited the Mutters and their solicitor to talk to him and air their grievances.
He said: "They paid a lot of money for that flat in 2004. It's not my fault if they are finding it difficult to sell their flat for what they are asking."
A date for the hearing has yet to be set. £
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