Is smoking ban legally enforceale in a rented property.

turkolina

I rent out a property and one of the rules is No smoking inside the house.

A friend of mine has on two occasions seen one of my tenants leaning out of the bedroom window with a cigarette.. What makes it even worse, when I went to the house there is a mound of butts under the window as proof.

My question is, is this legally enforceable. I have three signs in the house confirming it is a non smoking house?

Thanks.

Turks ..

TotallyBroke

If the contract states that there is to be no smoking then surely you should be able to ask them to leave because they have broken the contract but someone in the know may advise better.

poppysarah

Don't the courts see a rental property as that persons home and as such you can't stop them?

PasturesNew

It's a breach of Human Rights.

You have THREE signs telling people not to smoke? What else, "Put the Seat Down" "Tidy up after you use", "Don't Slam the Door", "Turn off lights when not in use", "Please Wash Your Hands Now", "Remove Your Shoes", "Defrost the Fridge Every Month", "Replace the Lid on the Toothpaste", "Bins Must be Put Out on Tuesday Night".

While they're renting from you it's their home. Their obligation is to return the property to you in the same state it was rented.

System

PasturesNew wrote: »

While they're renting from you it's their home. Their obligation is to return the property to you in the same state it was rented.

Which won't be stinking of stale smoke and with yellow ceilings presumably?

Planner

If its an HMO then smoking is illegal in the communal areas. If its out of their bedroom window then there is very little that can be done.

poppysarah

Don't councils ask people not to smoke for the few hours before a workman turns up? and the workman can refuse to work in a smokey property?

housesitter

Joeskeppi wrote: »

Which won't be stinking of stale smoke and with yellow ceilings presumably?

Depends if you think that's covered by fair wear and tear or something which can be paid for by the deposit.

MX5huggy

If by the "Smoking Ban" you mean the one that stops you smoking in a pub then no it does not apply to housing including prisons.

If you mean your signs then I can't see them being inforceable either.

If you mean a clause in a signed contract then its possible that there is a breach of contract and you could. I think it would be a minor breach so you could't do much.

Plus are they smoking "in" the property? the smoking is outside.

If you dont want them as tenants serve them notice.

kunekune

MX5huggy is on the right track. Not all breaches of contract allow the other party to the contract to bring the contract to an end, it has to be something major. I doubt this would count, unless you had written into the contract what the consequences of breaching this particular rule were. And the problem is that if you use this to try and evict the tenants, they will fight it, and that will end up costing you time and money. If the tenancy is periodic, then you could serve notice anyway, but be careful to do it properly. If it's an AST, you're probably bound till the end of the term.

tbs624

PasturesNew wrote: »

It's a breach of Human Rights.

Cough, splutter......Pastures put your ciggy down for a minute and have a read of this link ...... "Vegan landlord bans meat-eaters"