Joanna Cridlin claims the ‘overwhelming pungent toxic fumes’ of ‘hot chillis’ from the flat below makes it difficult for her to breathe.
She says the smell ‘permeates her home’ in Wandsworth, south London for eight hours after her neighbours have finished cooking – describing it as ‘torture’.
At times, she has ‘choked in her sleep’ and ‘staggered to her balcony gasping for air’ after the fumes brought on breathing problems.
She is now suing her neighbours’ landlord Viridian Housing to try to force them to take action.
Miss Cridlin, an animal rights campaigner, has lived in a Victorian house which has been converted into flats for nearly 40 years.
Legal papers state that her neighbours moved in three years ago, but the problems only began around Christmas 2014.
She is arguing that the smell should be classified as anti-social behaviour.
Miss Cridlin is suing at London’s High Court, seeking a ban on her neighbours cooking spicy food and a compensation payout.
She alleges the landlords have ‘ignored her legitimate appeal for help’.