I totally agree with you on this Dean. How can a landlord be held liable for something that’s happening outside the boundaries of his property. If the tenant has an issue with the smoke (which I completely understand), let them leave but how the hell can they be entitled to compensation?!!
If the smell of the cigarette smoke had permeated into the apartment that badly making it “uninhabitable”, could the downstairs neighbour be sued for damage to the property I wonder?